No, of days in a month
Vasudevan
(Querist) 23 April 2016
This query is : Resolved
Sir(s), there are No. of labour welfare legislations having different definition of their own. In Factories Act, a labour is permitted to work 48 hrs. in a week on normal earnings which constitute 6 days in a week. The 7th day in the week happens to be Weekly Off which doesn't fetch any wages to the workman. Although he is ready to work on weekly off days too, the Factories Act doesn't permits him to work thus resulting the workman on compulsory off and loss of pay on the weekly off day. In Employees Pension Scheme, 1995, the Authority concerned takes 30 days in a month and treat the weekly off as loss of pay. Thereby the workman suffer on pension for which he is no cause. Employees Pension Scheme, 1995 doesn't define the No. of days in a month and as per General Clause the Authority concerned takes 30 days in a month. Is there any ruling that the workman has to be given paid weekly off under any labour welfare legislations? Or any other ruling which save the workman from the loss of pension for the 4 days weekly off in a month.
Vasudevan
(Querist) 23 April 2016
Please guide the poor workman from the good old perpendicular labour legislations.
Kumar Doab
(Expert) 23 April 2016
Factory Act, Shops & Estbs Act lay down the weekly off, working hours, OT, leaves, rest hours,holidays, etc.............
Weekly off, working hours, OT, laid down leaves, rest hours,holidays etc are paid ones.
Wages are calculated @ Monthly wages/26*No of days......
Vasudevan
(Querist) 24 April 2016
Respected Kumar Doab,
In Textile Industries Weekly Off is not paid one. If weekly off is paid one, why the wage is calculated for days instead of 30 days. Kindly quote the rule provisions under which Act the weekly off is paid one please.
Kumar Doab
(Expert) 24 April 2016
Textile labor unions, trade unions can help and guide you.
You may also go thru:
The Factories Act, 1948; Section: 51, 52, 54
Compensatory holiday in lieu of weekly holidays deprived and such compensatory holiday must be given within the same month or two months following the month when the weekly holiday was missed.
Holidays with pay will be allowed as provided for in 11[Chapter VIII of the FactoriesAct, 1948
Minimum Wages Act, 1948 the working day of a worker shall be so arranged that inclusive of the interval of rest it shall not exceed 12 hours on any day.
International Labour Office :
Wages and Working Hours in the Textiles, Clothing, Leather and Footwear Industries (TCLF)
Chapter: 2. Wages and working hours in the TCLF industries
India has ratified 39 International Labour Organisation (ILO) conventions of which 37 are in force. Of the ILO’s eight fundamental conventions, India has ratified four – Forced Labour 1930, Abolition of Forced Labour 1957, Equal Remuneration 1951, and Discrimination (employment and occupation) 1958.
http://www.ilo.org/wcmsp5/groups/public/@ed_dialogue/@sector/documents/publication/wcms_300463.pdf
Gujarat High Court
The Textile Labour Association, ... vs The Ahmedabad Mill Owners' ... on 3 September, 1973
https://indiankanoon.org/doc/1729701/
Vasudevan
(Querist) 24 April 2016
Much obliged Kumar Doabji.
Rajendra K Goyal
(Expert) 24 April 2016
Academic query, state facts of the problem if any.
dr g balakrishnan
(Expert) 04 August 2016
your query is reasonable even if it is academic. Sit you can issue Notice u/s 80 to the central govt say the Cabinet secretary, so to the states' chef secretaries asking them when a workman is workman any where is the same, how come law makers i mean the governments define workman differently and hours of work differently; so too why he cannot be entitled for weekly paid off,if done it violates Art 14 and Art 51A (duties) absolutely, after all every one same kind of citizen besides being same kind of human being why Art.32 to be heard and decided by the hon SC.
Hon SC would ask by its Notice to the central govt why the Acts differing in definitions of Workmen and hours of work, if exceeded more than 48 hrs a week, paid holiday on sundays, should not be declared ultra vires the constitution.
then law makers might come to senses.
Vasudevan
(Querist) 06 August 2016
Balakrishnan Sir,
I am poor cursed person. I can't fight with a jaint like Government. However, I am much obliged for your response.
Guest
(Expert) 06 August 2016
Mr. Vasudevan,
If you are an AO, as per your profile, it is really a matter of surprize for me that an AO is unaware of the fact that weekly off day (7th day) is fully paid for workers, who worked for 6 days of a week.
Now in response to Dr. Balkrishnan's reply you have pretended to show your miserable state of afairs by stating, "I am poor cursed person. I can't fight with a jaint like Government." Your profile vis-a-vis your statement indicated clearly that you are neither a poor labourer, nor an AO.
If not an AO, was there any specific reason for making a false profile to dupe the members of this forum, who tried to honestly respond to your hypothetical query with fake identity?
Kumar Doab
(Expert) 06 August 2016
Mr. Vasudevan,
Employees in any sector ( Govt/private) individually and if all join hands are huge strength and vote bank, that no one can ignore.
Vasudevan
(Querist) 10 September 2016
Respected P.S. Dhingraji, by profession I am an AO. During the discharge of my official duties, I faced this problem. I want to help the poor labour who is losing 4 days in a month as non paid days. To substantiate my noting in the file, I have sought the help of this Hon'ble Learned Forum to mitigate the hardship of the poor labour. I much regret for the inconvenience feeling caused by me.
Guest
(Expert) 10 September 2016
Mr. Vasudevan,
Is not it a matter of surprise that after one month you have responded with a vague statement with an afterthought to justify your academic query, without giving any reason for false statement, posing as a labourer?
But imagine, where do you stand in asking your query, if you think the reponding members are merely idiots to whom you have put your academic query with false statement, "I am poor cursed person. I can't fight with a jaint like Government." When found at wrong footing, now you have come up with another theory.
Further, your statement, "I want to help the poor labour who is losing 4 days in a month as non paid days. To substantiate my noting in the file, I have sought the help of this Hon'ble Learned Forum to mitigate the hardship of the poor labour," is quite irrelevant.
Being an AO, if you are so ignorant about the labour laws, was there any specific reason for not getting your doubt clarified from the company secretary or the legal officer of your organisation?
Moreover, if the labourers are losing 4 days, what the labour unions are doing for the labours of your company?
If yours was not an academic query, you should have come forward with the real problem with your real identity stating the purpose, why and how you are related with the problem, instead of falsely posing as a poor & miserable labourer.
So, there is no substance in your statement, which you have given after a month of resolving the issue.
dr g balakrishnan
(Expert) 10 September 2016
Anyway Mr Vasudevan, honestly posing questions would give you more credibility.So my fellow professionals rightly questioned you, above. I am not taken aback of your questioning method. Problem is every company uses its AOs to misuse the labor legislation as such, taking advantage of different definitions of same term.
In fact the companies could have used their associations to engage legal luminaries to get a common definition for every term defined differently in statutes.
In fact, legally speaking, when Indian government is a signatory to ILO convention, the government cannot escape by making different 'definitions' for 'workman' or the 'hours of work' or 'paid work days' or 'weekly holiday' after all every human being needs to be treated as a human being, not as per convenience of the 'employer'.
That way the Art 14 need to be read; not in the way, the government reads say among 'castes' or 'labor' or 'software engineer' and the like, obviously the governments too behave as if they are 'monarchs' or as 'Nobles' did in the past; that way people right from 1215 AD rose as very Nobles in King John's court, that way 'Magna Carta' came into being.. so too in France during Louis XIVth, Maximilian Robertspeiere did execute the King Louis and Queen Alexandria besides several Nobles; at this rate sooner or later , the situation might assume as good or as bad that happened in 12th or 14th century Europe even in India, if things do not sort out themselves. I am writing an article on the issue you raised, that would help you and like you many why corporate so too governments in place to get some 'light' on the burning topic. tks for your raising such a hypothetical question, after all a few like you are administrative officers look for justice in human resources development though today HRD = Human Resources Destruction dept of any company . tq again to all the participants friends.
Vasudevan
(Querist) 11 September 2016
Expert P.S. Dhingra, I am very much sorry for the ill feeling raised by me. I have not opened the website for a long time. Hence my response was delayed.
Respected Shri Dr. G. Balakrishnan, thank you for your detailed reply. I am further to state that I am Accounts Officer in Labour Ministry and I am not Administrative Officer as you presumed. I want to help the labour category whenever the cases referred to me as stated above. Though I am not a qualified BL/LLB degree holder, at times I was referred to tackle legal issues whenever needed by my department. Much obliged by your reply and I pray that your article reaches the sector wherever justice denied.
Kumar Doab
(Expert) 11 September 2016
We have attempted to help you and supported with citations.
You can help the aggrieved further.
Guest
(Expert) 11 September 2016
You can get any help from the experts, but the condition is be sincere and honest with them, don't assume them to be idiots. Once you lose your trust, nobody would like to help you.
