Report of the Royal Commission on Labour in India

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Monograph

Identifikator:: 1850495947

URN:: urn:nbn:de:zbw-retromon-233603

Document type:: Monograph

Title:: Report of the Royal Commission on Labour in India

Place of publication:: London

Publisher:: His Majesty's Stationery Off.

Year of publication:: 1931

Scope:: xviii, 580 S.; graph. Darst., Kt.

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XII. - The income of the industrial worker

Collection:: Economics Books

THE INCOME OF THE INDUSTRIAL WORKER. 221 other cases deductions should only be permissible after the general or special approval of the provincial Government or some authority (e.g., the Chief Inspector of Factories) appointed by them. Approval may be given, for instance, to schemes for subscriptions to provident funds, contributions for medical facilities and for recoveries on account of co- operative stores and other activities which are in the interests of the workers. Enforcement. The enforcement of the legislation recommended will not be easy, for in a number of cases operatives will be willing to pay a heavy fine rather than be dismissed. But a start should be made by applying the law only to factories coming under the Factories Act and to railways. Here, too, the law might be applicable only to employees in receipt of less than Rs. 100 a month. Employers should be required to maintain registers of all deductions from wages, showing separately fines, deductions for damage to material and other deductions. The parti- culars to be entered in the registers and the form in which they are to be kept should be prescribed by provincial Governments. In the case of factories, the inspection staff would be responsible for seeing that the law was observed, and the annual reports of the Chief Inspector of Fac- tories should contain a review of the position in regard to fines and other deductions. As regards railways, we consider that the registers should be scrutinised at intervals by the audit officer, but we feel con- fident that the vigilance of those directing the administration and of the trade unions will ordinarily be sufficient to secure compliance. Proceedings for Contravention. ’ The imposition of a deduction not permissible by law should be punishable. But we recommend that the usual form of proceeding should not be a prosecution, but an application before specially empower- ed magistrates and other officers for the recovery of the wrongful pay- ment and for compensation. Commissioners for Workmen’s Compensa- tion would be officers suitable for this purpose, but the procedure should be summary and not based on that of the civil courts. The autho- rity to whom application was made would be able, after hearing the other party, to direct a refund of the fine or deduction together with compensa- tion to the applicant. This should amount to not more than ten times the sum wrongfully deducted and these sums should be collected by the court along with any costs payable. It should be possible for applica- tion to be made by an inspector, by the workman aggrieved or by any person acting on his behalf. This last provision would enable trade unions to take up these cases as they now take up cases for workmen’s Compensation. A prosecution should be instituted only with the Sanction of an inspector or an, officer before whom a proceeding for con- travention had been taken, and we contemplate that ordinarily such ac- tion would be necessary only in serious cases, e.g., offences committed after Previous contraventions or gross and deliberate exactions.

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