Lok Sabha Question No. 2372 (UNSTARRED), answered on 2021-12-13
Subject: Protection of Labourers
Ministry: LABOUR AND EMPLOYMENT
Asked by: Hanuman Beniwal

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 2372 TO BE ANSWERED ON 13.12.2021

## PROTECTION OF LABOURERS

†2372. SHRI HANUMAN BENIWAL:

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:

- (a)whether the Government reviews to ensure compliance of the rules made regarding the interests and protection of labourers like daily wages, working hours, etc.;
- (b)if so, the number of cases related to the injustice with the interests of  the  labourers  which  came  to  the  notice  including  the  action taken on them in the review in the context of Rajasthan during the last three years;
- (c)whether the Government has made any provision for the daily duty hours and minimum honorium to be given to the employees working in the Government Corporations in the State Government; and (d)if so, the details thereof?

## ANSWER

## MINISTER OF STATE FOR LABOUR AND EMPLOYMENT (SHRI RAMESWAR TELI)

(a) & (b): Enforcement of the provisions of the Minimum Wages Act, 1948, including payment of the minimum wages and working hours, is a continuous process done by the authorities statutorily appointed for the purpose by the appropriate Governments, i.e. the Central Government and the State Governments, in their respective jurisdiction. The enforcement in the Central sphere is secured through the  inspecting  officers  of  the  Chief  Labour  Commissioner  (Central) commonly  designated  as  Central  Industrial  Relations  Machinery

(CIRM)  and  in  the  State  Sphere  through  the  State  Enforcement Machinery. The designated inspecting officers conduct regular inspections and in the event of detection of any case of non-payment or under-payment of minimum wages and non-compliance of provisions of various labour laws including working hours and working conditions, they direct the employers to make payment of the shortfall of wages and to comply with the provisions of the labour laws. In case of  non-compliance,  penal  provisions  prescribed  under  Section  22  of the Act are taken recourse to.

The  details  in  regard  to  enforcement  of  the  provisions  of various Labour Laws including the Minimum Wages Act, 1948, and the Payment  of  Wages  Act,  1936,  during  the  last  three  years  and  the current  year  in  the  Central  sphere  in  the  state  of  Rajasthan  are furnished at Annexure. Details of enforcement of the labour laws in the State sphere are not centrally maintained and as such the details of enforcement  in  respect  of the  Government  of  Rajasthan  is  not available.

(c) & (d): Under  the  provisions  of  the  Minimum  Wages  (Central) Rules, 1950,  a normal working day for an adult worker comprises of 9 hours and the working day is to be so arranged that inclusive of the intervals of rest, if any, it shall not spread over more than twelve hours on  any  day.  Section  12  of  the  Minimum  Wages  Act,  1948,  stipulates that  the  employer  shall  pay  to  every  employee  not  less  than  the minimum rates of wages as applicable.

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ANNEXURE REFERRED TO IN REPLY TO PART (a) & (b) OF LOK SABHA UNSTARRED  QUESTION  NO.  2372  FOR  13.12.2021  REGARDING  PROTECTION  OF LABOURERS.

Details  of  inspections  conducted  and  prosecutions  filed  under  various  labour  laws  and number of claims filed under the Payment of Wages Act, 1936 and the Minimum Wages Act, 1948  in the Central sphere in the state of Rajasthan

| Year                    | No. of inspections conducted   | No. of Prosecutions filed   | No. of claims filed        | No. of claims filed     |
|-------------------------|--------------------------------|-----------------------------|----------------------------|-------------------------|
|                         |                                |                             | Payment of Wages Act, 1936 | Minimum Wages Act, 1948 |
| 2018-19                 | 4,429                          | 363                         | 7                          | 191                     |
| 2019-20                 | 5,238                          | 408                         | 23                         | 95                      |
| 2020-21                 | 1747                           | 113                         | 14                         | 84                      |
| 2021-22 (up to Nov. 21) | 1620                           | 12                          | 4                          | 17                      |

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