Part A (6 Marks)

Q1. Salient features of the Maternity Benefit Act, 2017?

A1. The Act is applicable to women, employed for more than 80 days any time during 12
months preceding to delivery, in establishments employing 10 or more employees.

1. Paid Maternity Leave- Every woman is entitled to a paid leave of 26 weeks at the
average daily wage. It could be availed from 8 weeks before the date of expected
delivery. Women who are expecting after having 2 children, are entitled to a leave of
12 weeks.
2. Maternity leave for adoptive mothers: They are entitled to 12 weeks of leave from the
day of adoption.
3. Discharge to be Void: When a pregnant woman absents herself from work, it shall be
unlawful for her employer to discharge her on account of such absence.
4. Crèche facility- Every establishment with 50 or more employees has to provide crèche
facilities. The woman will be allowed four visits to the crèche in a day.
5. “Work from Home” option- This option maybe exercised after the expiry of 26 weeks
period. Depending upon the nature of the work, this benefit could be availed on
mutually agreed terms with the employer.
6. Employee awareness: It is mandatory for employers to educate women about the
maternity benefits at the time of their appointment.

Q2. Duty of employer to pay equal remuneration to men and women workers for same
work or work of a similar nature?
A2. Section 4 of The Equal Remuneration Act, 1976 provides that:
1. No employer shall pay to any worker, employed by him, remuneration, at a rate that is
less favorable than those at which remuneration is paid to the workers of the opposite
sex for performing the same work or work of a similar nature. Section 2(h) defines same
work to be work in which respect of which the skill, effort and responsibility required
are the same, by a man or a woman.
2. Employer, for the purpose of complying with the above provision shall not reduce the
rate of remuneration of any worker.
3. Where, in an establishment, the rates of remuneration are different on the ground of sex,
then the employer shall pay the highest of such rates to all the worker after the
commencement of the Act.
4. Section 7 of the Act provides for appointment of officers, to be the authorities for the
purpose of hearing and deciding complaints with regard to claims arising out of non-
payment of wages at equal rates to men and women workers for the same work.
5. Maintenance of Registers: (section 8) It is the duty of every employer, to maintain
registers and other documents in relation to the workers employed by him in the
prescribed manner.
 6. Penalty: If any employer acts in contravention of the provisions, then he shall be
punished with fine and imprisonment of not less than 3 months which may extend up to
1 year for the first offence and to 2 years subsequent offences.

Q3. Who has the liability to pay wages? Discuss about the time period for payment of
wages under the payment of wages act 1936?
A3. Section 3 of Payment of Wages Act, 1936 gives that every employer shall be responsible
for the payment of all wages required to be paid to persons employed by him. In case of person
employed:
1. In factory, then the manager of that factory.
2. In industrial and other establishments, persons responsibility for supervision and
control.
3. In the case of railways, a person nominated by the railway administration for specified
area.
4. In the case of contractor, a person designated by such contractor, under his charge;
and if he fails then the person who employed the employees.
5. State govt. in consultation with Central govt. can change the person responsible for
the payment of the wages in Railways, or to daily rated workers in the PWD.
Section 5 provides for time of payment of wages. It says:

1. (i) In railway factory or industrial or other establishments, if there are less than 1000
employees; and (ii) for employees of port area, mines, wharf or jetty, wages of
employees should be paid before the expiry of the 7th day after the last day of the
wage period.
2. In railway factory or industrial or other establishment, if there are more than 1000
employees, wages of employees should be paid before the expiry of the 10th day after
the last day of the wage period.
3. Sec 5 (2) provides that, If the employee is terminated from the employment then the
wages should be paid within 2 days from the day on which he was terminated.

Q4. Discuss about the claims arising out of deductions from wages or delay in payment
of wages and penalty for malicious or vexatious claims under the payment of wages act
1936?

Answer: Section 15 provides that to hear the claims arising out of deductions from the wages,
or delay in payment, there will be an officer appointed by the government. The officer could
be:

 any Commissioner for Workmen’s Compensation; or

 a presiding officer of any Labour Court or Industrial Tribunal
  Or other such people as prescribed by the Act.

The Government may appoint more than one authority for any specified area if it considers it
necessary so to do.

Section 15(2) provides that where contrary to the provisions of this Act, any deduction has
been made or any payment of wages has been delayed, the employee may apply to such
authority within twelve months from the date on which the deduction from the wages was made
or on which wages were due.

The authority after hearing the parties may direct the refund to the employee of the amount as
due together with the of such compensation not exceeding ten times the amount deducted in
the former case and not exceeding twenty-five rupees in the latter. No compensation shall be
paid if the authority is satisfied that the delay was due to a (i) bona fide reasons or (ii) an
emergency prevented the payment of wages. (iii) The employee failed to apply for or accept
the payment.

(4) If the authority hearing an application under this section is satisfied -

(a) that the application was either malicious or vexatious the authority may direct that a penalty
not exceeding fifty rupees be paid to the employer or person responsible for payment of wages
by the person presenting the application.

Part B (10 Marks)

Q1. Discuss the liability of employer under employees’ compensation act 1923?

A1. An employer, in simple terms, is a person or legal entity that controls or directs a servant
or worker under an expressive or implied contract of employment and pays him/her salary or
wages as compensation. Employer has been defined in section 2(e) of The Workmen’s
compensation Act, 1923 as persons whether incorporated or not and any managing agent of
an employer and the legal representative of a deceased employer.

Under the Workmen’s Compensation Act, 1923, section 3 of the Act provides for the liability
of an employer to pay compensation to the employee which includes:

If personal injury is caused to a workman by accident, arising out of and in the course of his
employment, the employer shall be liable to pay compensation under the provisions of the
Act.

Provided that the employer shall not be so liable –

 1. In respect of any injury which does not result in the total or partial disablement of
the workmen.
2. In respect of an accident which is directly attributable to –
1. The workman was under the influence of drinks or drugs, or
2. The willful disobedience of the workman to the orders for the purpose of
securing his safety, or
3. The willful removal or disregard by the workman of any safety guard or
devices for the purpose of securing the safety of workmen.
3. Sub section 2 provides that if any worker working for more than 6 months under the
employer contracts any disease contained in schedule III part C which is specific to
the industry then it shall be treated as an employment injury.
4. Under sub section 3 the central government has the power to amend schedule III of
the Act.

Amount of Compensation

Subject to section 4 of the Act, the amount of compensation payable by the employer in case
of an accident to the employee will be as follows:

 Where death results from the injury, an amount equal to fifty percent of the monthly
wages of the deceased workman, multiplied by the relevant factor; or an amount of
fifty thousand whichever is more.
 Where permanent or total disablement results from the injury, an amount equal to
sixty percent of the monthly wages of the injured workman multiplied by the relevant
factor; or an amount of sixty thousand or more.
 Where partial disablement results from the injury
o In case of an injury specified in part II of schedule I, such percentage of the
compensation which would be paid in case of total disablement
o In case of an injury not specified in schedule I, such percentage of
compensation payable in the case of permanent total disablement as is
proportionate to the loss of earning capacity permanently caused by the injury.
Which is to be assessed by a qualified medical practitioner
 Where temporary disablement, whether total or partial then, a half monthly payment
of the sum equivalent to twenty five percent of monthly wages of the workman.

No Compensation shall be payable to an employee in respect of any disease unless the

disease is directly attributable to a specific injury by accident arising in course of
employment.
Q2. Short notes on

A. Workmen: - Meaning of Workman (Sec.2 (n))

"Workman" means any person (other than a person whose employment is of a casual nature
and who is employed otherwise than for the purposes of the employer's trade or business) who
is –
(i) a railway servant as
(a) A member of the crew of a ship or an aircraft,
(c) A person recruited in any connection with a motor vehicle,
(d) A person recruited for work abroad, etc.
(e) Cooks employed in hotels or restaurants using LPG in the process of cooking.

But does not include any member of the Armed Forces of the Union;
Reference to a workman who has been been dead, include a reference to his dependents or any
of them.

B. Meaning of wages Section 2(iv) Payment of Wages Act.

"Wages" means all remuneration (in cash or kind) expressed in terms of money or which would,
if the terms of employment, were fulfilled, be payable to a person employed, and include any
remunerations-
(a) Payable under any award or settlement;
(b) To which the person employed is entitled in respect of overtime work.
(c) Any sum which by reason of the termination of employment of the person employed is
payable under any law, contract or instrument.
(d) Any sum to which the person employed is entitled under any scheme framed under any
law for the time being in force,

But does not include any contribution paid by the employer to PF, Any traveling allowance,
housing allowance or supply of utilities under the order of the state government, etc.

C. EMPLOYER
Employer has been defined in section 2(e) of The Workmen’s compensation Act, 1923
Employer includes, any persons whether incorporated or not and any managing agent of an
employer and the legal representative of a deceased employer and any such person to whom
the services of a workmen are lent temporarily by another person.
Zila Sahakari Kendriya Bank vs Shahjadi Begum the government had requisitioned a jeep
owned by the bank. The driver of the jeep, while obeying the orders of the government officers,
died in an accident. While HC ordered the Bank to pay the compensation, The SC held that
under the contract, the driver became the workman of the requisitioning authority as he was
under its complete control. Thus the state is liable to pay the compensation.

D. Partial disablement-
Section 2(1)(g) defines " partial disablement" is the disablement which if, of a temporary
nature, reduces the earning capacity of a workman in any employment in which he was engaged
at the time of the accident, and, if, of permanent nature, reduces his earning capacity in every
employment which he was capable of undertaking at that time. An accident arising out of
employment implies a causal connection between the accident and the work done in the course
of employment. The three tests for determining whether an accident arose out of employment
are:
1. At the time of injury workman must have been engaged in the business of the employer and
must not be doing something for his personal benefit;
2. That accident occurred at the place where he as performing his duties; and
3. Injury must have resulted from some risk inherent in the nature condition of employment.

E. Total disablement- Section 2(1)(l) defines the word “total disablement" which means
such disablement, whether of a temporary or permanent nature, as incapacitates a
workman for all work which he was capable of performing at the time of the accident
resulting in such disablement. The expression ‘incapacitates an employee for all work’
does not mean any and every work which he may do but means such work as is
reasonably capable of being sold in the market. The Act is not concerned with physical
injury as such, nor with the mere effect of such injury on the physical system of the
employee. It is concerned only with the effect of such injury, on the earning capacity
of the affected employee. In other words, it means there must be incapacity from all
work resulting in hundred percent loss of earning capacity.

Part C

Q1. What is sexual harassment of Women? Discuss the Constitution of Internal

Complaints Committee and local complaint committee under the Sexual Harassment of
Women at The Workplace Act, 2013.

A1. According to the Act, “Sexual Harassment” includes anyone or more of the following
unwelcome acts or behavior (Whether directly or by implication), namely:

1. Physical contact or advances;

2. A demand or request for sexual favors;
3. Making sexually colored remarks;
4. Showing pornography;
5. Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

Where any of these acts is committed in the following circumstances, among other
circumstances, it amounts to sexual harassment at workplace:

1. implied or explicit promise/threat of preferential or detrimental treatment in

employment; or
2. Threat about present or future employment status; or
3. interference with work or creating a hostile work environment; or
 4. humiliating treatment likely to affect the health and safety.

To prevent such instances of Sexual Harassment, the Act provides for certain measures,
they include Complaint Committees.

Internal Complaints Committee

1. Every employer is obliged to constitute an ICC through a written order.

2. The ICC will be composed of the following members:

Presiding
Officer

Provided that at least one-half of the total Members so nominated shall be women.

Local Complaint Committee

1. Every District Officer shall constitute a committee to be known as the LCC to receive
complaints of sexual harassment from establishments where the ICC has not been
constituted.
2. The LCC should consist of the following members:

1. Chairperson: who shall be an eminent woman in the field of social work and
committed to the cause of women;
2. One Member: from amongst the women working in municipality in the district.
3. 2 Members: From NGO
4. Officer dealing with social welfare or women development in the district shall be
a member ex officio.
Provided that atleast one of the above members shall belong to SC, ST or OBC.

The Presiding Officer/Chairperson and every Member of the IC and LC shall hold office
for a period of three years, from the date of their nomination.

The Member of LC and those appointed from the NGO in IC shall be paid prescribed fees
or for holding the proceedings of the committee.
 Where the Presiding Officer or any Member of the IC or LC, - -
A. contravenes the provisions of section 16; or
B. has been convicted for an offence or an inquiry into an offence is pending against
him; or
C. Has been found guilty in any disciplinary proceedings or a disciplinary proceeding
is pending against him; or
D. has so abused his position as to render his continuance in office prejudicial to the
public interest, such officer or member-
Shall be removed from the Committee and the vacancy so created shall be filled by
fresh nomination in accordance with the provisions of this section.

Q2. Define Child Labour and Discuss Prohibition of employment of children in certain
occupations and processes under the child labour act?

ILO defines the term “child labour” as work that deprives children of their childhood, their
potential and their dignity, and that is harmful to physical and mental development. The Child
Labour Act defines child as a person who has not completed his fourteen years of age. Child
labour is a socio-economic problem. Parents for the reason of poverty descend their children
in child labour

Section 3 of Child Labour Act gives Prohibition of employment of children in certain

occupations and processes. It provides that No child shall be employed or permitted to work in
the occupations or processes set forth in the schedule of the Act. They Include:

1. Slaughter Houses
2. Handling of inflammable substance or explosives
3. Mines and collieries
4. Plastic units and Fiber glass workshop, etc.

Or,

1. Manufacture of matches, explosive and fireworks.

2. Manufacturing or handling of pesticides and insecticides
3. Oil expelling and refinery
4. Tobacco processing including manufacturing of tobacco

Exemption clause: Sec. 3 provides that prohibition is not applicable to workshop where work
is carried out by the occupier with the aid of his family.

Section 4 gives power to Central government to amend the schedule to add any prohibited
occupation.
Section 5 provides for setting up of a Child Labour Technical Advisory Committee by the
Central Government to advise it on addition of prohibited occupations.

Penalty: Child Labour Act also provides that violations under Section 3 shall be punishable
with imprisonment extending to one year or with fine extending to twenty thousand rupees or
with both.

In the landmark case of M. C. Mehta v. State of Tamil Nadu, the Supreme Court observed that
despite the constitutional mandates, children are an exploited lot, especially as labour. It held
that there are a number of loopholes in the Act, one of them is that children can continue to
work if they are a part of a family of laborer. Also, the Act does not use the word ‘hazardous’
anywhere. The Court has taken certain pragmatic steps towards effective implementation of
the policy including (i) Survey for identification of working children. And (ii) Withdrawal of
children working in hazardous industries and ensuring their education in appropriate
institutions.