SECTION B 2. The main focus of Factories Act is towards the Health benefits to the workers.

Health Chapter of the Act contains specification from Section 11 to 20. Detailed information of the sections of is provided as under: Section 11: This section basically specifies the issues of cleanliness at the workplace. It is mentioned in the provision that every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance. This includes that there should be no accumulation of dirt and refuse and should be removed daily and entire area should be kept clean. Section 12: This section specifies on disposal of wastes and effluents. That every factory should make effective arrangements for the treatment ofwastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous and for their disposal. Section 13: This section focuses on ventilation and temperature maintenance at workplace. Every factory should work on proper arrangements for adequate ventilation and circulation of fresh air. Section 14: This section details on the proper exhaustion of dust and fume in the Factory. In this it is mentioned that factory which deals on manufacturing process should take care of the proper exhaustion of dust, fume and other impurities from its origin point. Section 15: This section specifies regarding the artificial humidification in factories. In this the humidity level of air in factories are artificially increased as per the provision prescribed by the State Government. Section 16: Overcrowding is also an important issue which is specified in this section. In this it is mentioned that no room in the factory shall be overcrowded to an extent that can be injurious to the health of workers employed herein. Section 18: This section specifies regarding arrangements for sufficient and pure drinking water for the workers. There are also some specified provisionsfor suitable point for drinking water supply. As in that drinking water point should not be within 6 meters range of any washing place, urinal, latrine, spittoon, open drainage carrying effluents. In addition to this a factory where there are more than 250 workers provisions for cooling drinking water during hot temperature should be made. Section 19: This section provides details relating to urinals and latrine construction at factories. It mentions that in every factory there should be sufficient accommodation for urinals which should be provided at conveniently situated place. It should be kept clean and maintained. There is provision to provide separate urinals for both male and female workers. Section 20: This section specifies regarding proper arrangements ofspittoons in the factory. It is mentioned that in every factory there should be sufficient number of spittoons situated at convenient places and should be properly maintained and cleaned and kept in hygienic condition.

3. Evolution of Industrial Relations: The evolution of industrial relations in India began a long time ago. The caste system greatly influenced the ancient industries and their development. Due to successive foreign invasions in India, the living conditions of slave and artesian couldn't be differentiated. Furthermore, under the autocratic regime of Muslim rulers, the conditions of employees worsened. Wages were not guaranteed, the living conditions of workers were harsh, and there was no proper management. The coming of the British didn't improve the working conditions. After some time, however, most Indian industries were modeled after the British system of business, and this led to growth in various sectors. Industrial Relations under British Rule: During British rule, India was expected to be a colonial market for British goods up until a cotton mill was established in Mumbai in 1853 and a jute mill was established in Kolkatta in 1955. The working conditions of workers, however, were still very harsh with low pay, and this gave rise to various disputes involving the management and employees. On the other hand, Tata Iron and Steel industry was also established in Jamshedpur in 1911. While there was great demand of iron and steel before and during the First World War, the working conditions of workers hadn't improved. Hence, the Factories Act of 1881 was established, and it granted workers certain rights. Industrial Relations in First World War: The First World War was an opportunity in disguise for local factories in India. Prices of virtually all products went up and profits soared, however, wages of lower employees were still the same. There were various strikes and disputes between management and employees. During this time, the Workmen's Compensation Act (1923), the Trade Union Act (1926), and the Trade Disputes Act (1917) were established. While the wages of employees remained the same, they were given a certain share of profits made by their hiring industry. Strikes, however, were sometimes prohibited under the Emergency Rules. The years following World War II involved the most workers' upheaval, and saw the establishment of Industrial Employment Act (1946) and Industrial Disputes Act (1947). Post-Independence Industrial Relations: The post-independence era saw a developing relation between industry and labor. A conference called the Industrial Truce Resolution took place in 1947, and foresaw the establishment of the Minimum Wages Act, Factories Act, and Employees State Insurance Act in 1948. This ensured peace between labor and industry. While industrial relations in India have evolved a long way, some features of the early system still exist today. Modern industrial relations are dynamic, and may integrate industrial policies of American and British businesses. 4. Problems of Indian Trade Unions: Uneven growth: Industry-wise and Area-wise: Trade unions haven't grown in all types of industries. The only industries that have seen growth of trade unions are in the area of plantations, coal mines, food, textiles, printing press, chemicals, utility services, transport, communications and commerce. Furthermore, trade union activities are limited to large scale industry sector and manual labour, and trade unions are unevenly distributed in different states. Trade unions don't exist for a variety of small-scale businesses.

Small size of unions: The sizes of trade unions haven't been sufficient enough to have adequate funds and provide legal help to members. The sizes of trade unions in India have been increasing since 1930-31, but the overall membership size has been decreasing recently. Various factors contribute toward the small size of trade unions; the average size of a trade union in India is about 800. Furthermore, the percentage of women members is only 6-8%. This small size of trade unions weakens their collective bargaining power, and makes legal help inaccessible. Financial Weakness: Workers don't adequately contribute toward to their trade union membership fees, except when necessary. Many workers feel the services of their trade unions are not worth paying for. The lack of necessary funds prevent trade unions from offering support for welfare activities for labour, support strikes, and hire paid staff. One reason for financial weakness in trade unions is due to the presence of rival trade unions. Multiplicity of Trade Unions and rivalries: Multiple trade unions are a necessary evil. Powerful political parties have established their own trade unions with the intention of spreading their political power. This causes an inadequate and unhealthy growth of trade unions. Most trade unions have developed inter-union rivalries and groups that are in constant competition against each other. Members' energy has been wasted on deconstructive activities, and unions have become more political. Leadership issues: Some unions are managed by the educated class: doctors, lawyers, politicians, etc., who have no experience or work history with the corresponding union. This type of foreign leadership creates barriers between lower-end workers and upper management, and is disadvantageous to the proper development and management of the union. Leadership of a union must only arise from within the labour class. Political involvement in unions: Most unions today are run by rival political parties. These political parties have nothing constructive to offer, instead, use unions to spread their political agenda. Furthermore, decisions related to unions are made by politicians. For example, the Indian National Congress as formed the Swadeshi Movement, the Khilafat Movement, the Civil Disobedience Movement, and the Noncorporation movement. Problems with recognition of trade unions: The process that leads to recognition of unions is a lengthy one. In the initial stages, union recognition is very difficult, and even discourage. There is a long list of criteria that a union must meet in order to become certified and recognized by the industry. 6. Often the conciliation has been regarded essentially a one-man job. In other countries, conciliation may also be undertaken by a body consisting of several members, variously called a board, a council or a committee of conciliation or simply referred to as conciliation board.

In India, the government may appoint a conciliation officer, for specific area or even for a specific industry if it so thinks fit, under Section 4 of the Industrial disputes act, 1947, for mediating in and promoting the settlements of industrial disputes. He may be appointed either permanently or for a limited period. Under section 5 of the same Act, the government may also, as occasion arises, appoint a Board of conciliation, consisting of chairman and two to four other members, for promoting the settlement of disputes. The trade union party to dispute may recommend names of its representatives so can the employers. In the absence of such recommendations, the government can appoint any suitable person to represent the parties. So far as the public utility services are concerned, conciliation is compulsory. N the non-public utility services, that it is not compulsory, but the trend is towards compulsion. The boards of conciliation are rarely appointed by Government these days. The original intention was that major disputes should be referred to a Board and minor disputes should be handled by the conciliation officer. In practice, however, it was found that where the parties to the disputes could not have come to an agreement between themselves, their representatives on the Boards, in association with the independent chairman, could rarely arrive at a settlement. The much more flexible procedure followed by the conciliation officer is found to be more acceptable. Conciliation as a method of settling disputes appears to be effective when it is carried on by means of a permanent machinery. Prof. Pigou has rightly observed, Unless there is some machinery, already established, it will be necessary to appoint negotiators at a moment of heated controversy and the attempt to do so may not only involve delay but also afford opportunity for further irritation and friction. The fact of the matter is, as observed by Prof. Forexell, that Where human beings are concerned, where personal relations should be formed and where moral forces are at work, a certain permanence of conditions seems to be essential. The existence of permanent machinery, containing Representatives of workers and employers, will definitely help in bringing out smooth relations between the two contending parties industry. 7. The European model of employment and industrial relations includes a range of issues, both at national and supranational levels, which to different degrees are of central importance to the 27 Member States of the European Union (EU) and of immediate concern to the acceding countries. Although different traditions continue to prevail as a result of Member States varying historical trajectories, similar employment structures and advances in European legislation have paved the way for a common industrial relations context. In recent years, some commentators even speak of the Europeanisation of industrial relations. The EUs economic and political stature makes its employment and industrial relations model the subject of considerable attention elsewhere. In its attempt to highlight the defining features of theEuropean social model, the European Commission often contrasts employment and industrial relations practices existing in Europe with those present in the USA. It is not suggested that the European social model can or should be exported, but rather that certain features may provide a basis for reflection, if not emulation in other parts of the world. A number of features lend themselves to highlighting what is unique about the European social model. Three characteristics in particular are noteworthy:

the collective representativeness of employee and employer interests; employee participation rights; the EU as an employment and industrial relations regulator.

8. Collective bargaining includes not only negotiations between the employers and unions but also includes the process of resolving labor-management conflicts. Thus, collective bargaining is, essentially, a recognized way of creating a system of industrial jurisprudence. It acts as a method of introducing civil rights in the industry, that is, the management should be conducted by rules rather than arbitrary decision making. It establishes rules which define and restrict the traditional authority exercised by the management. Importance to employees

employees.

It increases the strength of the workforce, thereby, increasing their bargaining capacity as a group. Collective bargaining increases the morale and productivity of employees.

Importance to employers 1. It becomes easier for the management to resolve issues at the bargaining level rather than taking up complaints of individual workers. 2. Collective bargaining tends to promote a sense of job security among employees and thereby tends to reduce the cost of labor turnover to management. Importance to society 1. Collective bargaining leads to industrial peace in the country 2. It results in establishment of a harmonious industrial climate which supports which helps the pace of a nations efforts towards economic and social development since the obstacles to such a development can be reduced considerably. 10. The principals and policies of the tripartite body have been a machinery of consultancy at the industrial and national levels. The tripartite body was established to make peace and improve relations between management and unions, and maintain smooth functioning of union management relations. It began as a statutory organization by the recommendation of the Whitey Commission to the ILO in 1931. The tripartite body had to be sufficiently large to ensure sufficient representation of the various interests involved; encourage representatives of employers, labor and government to meet regularly; and disallow individual members from making individual contributions to meetings. Purpose of Tripartite Body: a. Bring the aggravated parties together for mutual settlement of differences, and encourage a spirit of cooperation and goodwill.

b. Promote uniformity in labor laws and legislation. c. Discuss all matters of All India importance as between employers and employees. d. Determine a plan for settlement for all disputes. 11. The central function of a trade union is to represent people at work. But they also have a wider role in protecting their interests. They also play an important educational role, organizing courses for their members on a wide range of matters. Seeking a healthy and safe working environment is also prominent feature of union activity. Trade unions help in accelerated pace of economic development in many ways as follows:

by helping in the recruitment and selection of workers. by inculcating discipline among the workforce by enabling settlement of industrial disputes in a rational manner by helping social adjustments. Workers have to adjust themselves to the new working conditions, the new rules and policies. Workers coming from different backgrounds may become disorganized, unsatisfied and frustrated. Unions help them in such adjustment.

Trade unions are a part of society and as such, have to take into consideration the national integration as well. Some important social responsibilities of trade unions include:

promoting and maintaining national integration by reducing the number of industrial disputes incorporating a sense of corporate social responsibility in workers achieving industrial peace

12. When the relationship between the parties is not cordial, discontentment develops and conflicts erupt abruptly. It is not always easy to put out the fires with the existing dispute-settlement machinery, created by the government. Hence both labour and management must appreciate the importance of openness, trust and collaboration their day-to-day dealings. Machinery For The Settlement of Industrial Disputes In India Works committees: As per the Industrial Disputes Act, 1947, works committees have to be set up all those industrial units which employ 100 or more persons. It is basically a consultative body Giving greater participation to workers Ensuring close interaction between labour and management Generating cooperative atmosphere for negotiation between parties Opening the doors to unions to have a clear view of what is going on within the unit Strengthening the spirit of voluntary settlement of disputes Joint Management Councils: The JMC normally consists of equal number of

representatives of workers and employers looking after three things: information sharing, consultative and administrative matters relating to welfare, safety, training etc and the formulation of standing orders.(of course, without encroaching on the jurisdiction of works committees) Standing orders: These are the rules and regulations which govern the conditions of employment of workers. The Industrial Employment (standing orders) Act of 1946 provides for the framing of standing orders in all industrial undertakings employing 100 or more workers. Grievance procedure: A model grievance procedure as suggested by the Indian Labour Conference, 1958 has more or less been widely accepted in India now. Code of discipline: It consists of a set of self-imposed obligations formulated by the central organisation of workers and employers voluntarily

Conciliation: The practice by which the services of a neutral third party are used in a dispute as a means of helping the disputing parties to reduce the extent of their differences and to arrive at an amicable settlement or agreed solution. Voluntary arbitration: It is he process in which the disputing parties show willingness to go to an arbitrator (a third party) and submit to his decision voluntarily. This is followed after failure of conciliation proceedings. Adjudication: It is the process of settling disputes compulsorily through the intervention of a third party appointed by the Government. The Industrial Disputes Act provides a three-tier adjudication machinery consisting of: Labour court Industrial tribunal National tribunal