International Journal of Research and Development - A Management Review (IJRDMR)
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Impact of health & safety provisions under Factories Act, 1948 for
protection of Labour rights in Real Estate Industry of Pune
Meera Singh
G.H Raisoni Institute of Engineering and Technology.
Pune- 411014,Maharashtra, India
1
meeraj1232000@rediffmail.com
Abstract— There has been a constant struggle going on
between labour and capital. Capital has been exploiting the
labour to their own maximum benefit for they have better
economic footing and power to dictate their terms. The
industrial unrest and economic discontent led to a number
of strikes and labour troubles. In Pre- Independence era
the workers were generally illiterate, poor and unconscious
of their rights. Neither the government nor the Law Court
took notice to these labour problems arising in the country
as they believed in the policy of non-interference in
employer and employees relation. The situation, with lapse
of time, became so worse and the society was so much
adversely affected that the government was forced to take
some measures. In the post-independence period the
national government paid attention to the improvement in
conditions of labour health in industry as the prosperity of
the country lies upon the development of industrial growth.
There were two basic concept on which the labour
legislation were framed, first was that the wage earner is a
partner in the production hence should be allowed due
share of the profits in production. Secondly, individual
employer as well as community as a whole is under
obligation to protect the well-being of the workers.
Due to health & safety provisions of Factories Act, 1948,
the worker’s life is protected. If they were exposed to
serious accidents due to not properly screened machines
then they have right to compensation. Without a valid
reason the labours are not discharged, suspended or
dismissed. Due to health provisions of Factories Act, 1948,
labours have proper sanitation and healthy working
environment. Furthermore, children and women are not
assigned hazardous condition of work and it is an offence
to make them work at odd hours. During the 1980’s and
1990s”economic reforms” and shift in industrialization
strategy took place. But labour policy and laws are not
dovetailed with industrial and economic policies. There is a
perception that the existing laws give unions in the
organized sector virtually a veto power to block changes.
Further, that labour legislation paved the way for
multiplicity of unions, growth in inter and intra union
rivalry, exacerbation of industrial strife excessive
intervention by State in industrial relations. My research
basically focuses on Impact of health & safety provisions of
Factories Act, 1948 for protection of Labour Rights in real
estate Industry of Pune.
Keywords—Labour rights, Factories Act, Labour welfare
Policies, Labour protection, Health & safety of labours.
I. INTRODUCTION
Factories Act, 1948 is an act to consolidate and amend
the law regulating labour in factories. The main
objective of the Act is to ensure adequate safety
measures but also to promote health and welfare of the
workers employed in factories as well as to prevent
haphazard growth of factories [1]. A large number of
labour legislations have been enacted to promote the
condition of labour, keeping in view the development of
industry and national economy. But for industrial
regeneration it is necessary that the partners of industry
must cure their respective defects [6].
Since independence, a lot has been done by legislation
and public opinion to improve the conditions of workers
but unfortunately the employers have not responded
appreciably [2]. It is high time that employers must
realize that it is their duty as a citizen of a democratic
country to forego their acquisitive tendencies of the past
and set a new standardized future of country [5]. At the
same time it is the duty of the workers to realize their
responsibility in improving the work efficiency and help
in stepping up production resulting in greater profits,
and prosperity of the industry to be ultimately shared by
the managements, workers and community at large.
The employers should concede to the worker’s demand
of representation in the control of industrial system [3].
Workers are the dominant partners in the industrial
undertaking and without their cooperation and good
work, discipline, integrity and character; the industry
will not be able to produce effective results or profits [4].
However efficient the machine touch in the industry
may be, if the human element refuses to cooperate, the
industry is bound to fail in the long run [7]. Therefore,
the profits of the industry must be shared by employers,
workers and the community, the workers having a
dominant share, being the producers of wealth. There
should be proper implementation of health & safety
provisions under Factories Act, 1948 for protection of
Labour rights.
II. NEED/IMPORTANCE OF THE STUDY
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International Journal of Research and Development - A Management Review (IJRDMR)
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The importance of this research is to have an overview
of Health & safety provisions under Factories Act, 1948
for protection of Labour rights in real estate Industry of
Pune till now. Here, I have also discussed the
advantages and disadvantages of the Health & safety
provisions under Factories Act, 1948 for protection of
Labour rights in real estate Industry of Pune. After the
research we will be able to:
(i) Understand the different Post-Independence Dynamic
Reforms in Indian Labour Law
(ii) Understand the role of Health & safety provisions
under Factories Act, 1948 for protection of Labour
rights in real estate Industry of Pune in the development
of industrial growth. Thus there were two basic concepts
on which the labour legislation was framed. The wage
earners are a partner in the production and hence have
his due share in the profit of productions. The
communities as a whole as well as individual employer
are under obligation to protect the well-being of workers.
(iii) Discuss the advantages of
Health & safety
provisions under Factories Act, 1948 for protection of
Labour rights in real estate Industry of Pune.
(iv) Discuss the difficulties in implementation of Health
& safety provisions under Factories Act, 1948 for
protection of Labour rights in real estate Industry of
Pune.
(v) Describe interrelationship between different
elements of health & safety provisions under Factories
Act, 1948 for protection of Labour rights in real estate
Industry of Pune.
(vi) Know the subject-matter of health & safety
provisions under Factories Act, 1948 for protection of
Labour rights in real estate Industry of Pune.
(vii) Know the future scope of Health & safety
provisions under Factories Act, 1948 for protection of
Labour rights in real estate Industry of Pune.
III. OBJECTIVES
The major objective of the paper is to examine
(i) To understand the Impact of health & safety
provisions under Factories Act, 1948 for protection of
Labour rights in Real Estate Industry of Pune.
(ii) To discuss the advantages of Impact of health &
safety provisions under Factories Act, 1948 for
protection of Labour rights in Real Estate Industry of
Pune.
(iii) To discuss the Impact of health & safety provisions
under Factories Act, 1948 for protection of Labour
rights in Real Estate Industry of Pune.
(iv) To know the subject-matter of Impact of health &
safety provisions under Factories Act, 1948 for
protection of Labour rights in Real Estate Industry of
Pune.
IV. RESEARCH METHODOLOGY
The questionnaire method was used to collect the
information from 160 labours from different
construction sites of residential and commercial
complexes in Pune. A structured questionnaire was
administered to 160 labours in Pune. The data from male
and female respondents from different sites were
collected. There was a personal interaction with the
respondents to collect some important information.
V. COLLECTION OF DATA
The questionnaire method was used to collect the
information from 160 labours from different
construction sites of residential and commercial
complexes in Pune. A structured questionnaire was
administered to 160 labours in Pune. The data from male
and female respondents from different sites were
collected. There was a personal interaction with the
respondents to collect some important information.
A. DATA
SURVEY
INTERPRETATION
BY
LABOUR
TABLE I
LABOURS VIEW ABOUT THE CONSTRUCTION COMPANIES
HEALTH & SAFETY PROVISIONS AS PER FACTORIES ACT
1948
Sr.
No.
1
2
3
4
5
Particulars
Excellent(5)
Above Average(4)
Good(3)
Average(2)
Poor(1)
Total
No.of
Labours
16
0
107
37
0
160
Percentage
10
0
66.88
23.12
00
According to the data observation noted in Table I, it has
been found that most of the Labours have a good feeling
about the construction company. Even some of the
Labours feel excellent for the construction companies.
But when we analyse the percentage of Labours who
feel average about the construction companies, we can
say that they are moving towards dissatisfaction.
TABLE II
LABOURS WORKING TENURE AT THE SAME
CONSTRUCTION COMPANY FOR FIVE YEARS & ABOVE
Sr.No.
1
2
Particulars
Yes
No
Total
No.of
Labours
134
26
160
Percentage
83.75
16.25
As per the data analysis noted in Table II, maximum
labours are working in same construction company for
five years and more. The reason is that these companies
of real estate industry of Pune are following the rules of
health and safety as per Factories Act, 1948.
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International Journal of Research and Development - A Management Review (IJRDMR)
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TABLE III
BUILDERS ARE FOLLOWING THE HEALTH & SAFETY
PROVISIONS UNDER FACTORIES ACT, 1948
Sr.
No.
1
2
3
4
5
No.of
Labours
5
0
123
32
0
160
Particulars
Excellent(5)
Above Average(4)
Good(3)
Average(2)
Poor(1)
Total
Percentage
3.13
0
76.87
20
0
As we can see in the data noted in Table III, it can be
interpreted that approximately majority labours have
found good health & safety provisions in construction
companies, the reason for that I have found is more
emphasis on labour welfare in real estate industry.
TABLE IV
LABOURS HAVE RECEIVED PROPER BENEFITS OF HEALTH
& SAFETY PROVISIONS AS PER FACTORIES ACT 1948
From the interpreted data noted in Table VI, most of the
labours are satisfied with their current construction
company as they feel that they are receiving health and
safety benefits from the developers. But 46.88% of the
Labours are not satisfied because of the brand of the
company their expectations were very high.
TABLE VII
LABOURS ARE FAMILIAR WITH THE HEALTH & SAFETY
PROVISIONS OF FACTORIES ACT 1948
Sr. No.
1
2
Particulars
Yes
No
Total
No.of
Labours
144
16
160
Percentage
90
10
It is good to see from the data analysis noted in Table
VII, that most of the labours are familiar with customer
care policies of the company except only 10% of the
labours are not familiar with it because of their
ignorance.
TABLE VIII
Sr.No.
Particulars
No.of Labours
Percentage
1
Yes
51
31.88
2
No
109
68.12
Total
160
From the data analysis noted in Table IV, we can
interpret that more than half of the labours are
dissatisfied because they have not received the proper
benefits of health & safety provisions as per factories act
1948.
TABLE V
LABOURS VIEW ABOUT WHETHER THE CONSTRUCTION
COMPANIES HEALTH & SAFETY PROVISIONS ARE AS PER
FACTORIES ACT 1948
Sr.No.
Particulars
No.of Labours
Percentage
1
Yes
64
40
2
No
96
60
Total
160
As per the data collected in Table V, it can be stated that
the labours are getting the health and safety benefits but
not as per the provisions of Factories Act 1948.
TABLE VI
LABOURS ARE SATISFIED FROM THE CONSTRUCTION
COMPANIES HEALTH & SAFETY PROVISIONS
Sr.No.
No.of
Particulars
Percentage
Labours
1
Yes
85
53.12
2
No
75
46.88
Total
160
LABOURS SATISFACTION IN THEIR CURRENT
CONSTRUCTION COMPANIES RELATED TO HEALTH &
SAFETY PROVISIONS AS COMPARE TO OTHER
CONSTRUCTION COMPANIES AS PER FACTORIES ACT 1948
Sr.
No.
1
2
Particulars
Yes
No
Total
No.of
Labours
91
69
160
Percentage
56.87
43.13
It is clear from the above data noted in Table VIII, chart
that only 56.87% labours are satisfied with the facilities
and remaining 43% labours are not satisfied because
they compared to the health and safety provisions with
other state’s builders and secondly they were expecting
more.
TABLE IX
THE MAJOR LAPSE IN FOLLOWING HEALTH & SAFETY
PROVISIONS UNDER FACTORIES ACT, 1948 IN REAL
ESTATE INDUSTRY
Sr.
No.
1
2
3
4
5
Particulars
Leave policies are not
clear
Latrines and urinals
are not regularly clean
and Maintained
Project Manager is a
Welfare Officer
Securing ladders
Not inspecting
scaffolding
Total
No.of
Labours
Percenta
ge
21
13.12
27
16.87
6
10
32
20
64
40
160
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International Journal of Research and Development - A Management Review (IJRDMR)
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According to data findings noted in Table IX, the major
contravention in following health and safety as per
Factories Act, 1948 practices in real estate industries are
no clear leave policies of contractual labours, Latrines
and urinals are not regularly cleaned and maintained,
Project Manager is a welfare officer. Also, procedures
such as securing ladders and inspecting scaffolding are a
major lapse in following health & safety provisions
under Factories Act, 1948.
VI. FINDINGS
(i) According to the data observation it has been found
that most of the labours have a good feeling about some
construction companies because they follow health &
safety provisions under Factories Act, 1948 for
protection of Labour rights.
(ii) It has been observed that few labours are moving
towards dissatisfaction due to certain lapse of the
builders in following, health & safety provisions under
Factories Act, 1948.
(iii) As per the data analysis maximum labours are
working in same construction company for five years
and more. Thus these companies are of real estate
industry of Pune are following the rules of health and
safety as per Factories Act, 1948.
(iv) As we can see in the above chart approx. according
to the views of maximum labours it is clear that they
have find that there is proper protection provided to
them against industrial and occupational hazards. From
the data analysis we can interpret that half of the labours
are satisfied with current norms of health and safety as
per Factories Act, 1948, which is followed at
construction sites of Pune. As per provisions related to
health & safety provisions under Factories Act, 1948,
the labours working in real estate industry have received
almost the same benefits and facilities. The reasons for
the dissatisfaction of remaining labours are few
problems.
(ii) The builders must improve processes that define,
improve and support health and safety provisions of the
labours as per are Factories Act 1948. Job satisfaction is
also influenced by health and safety provisions for the
labours of a company.
(iii) Implementing health and safety provisions of the
labours as per are Factories Act 1948 is easy if the
employers believe in ethical practices. Thus the ethical
practices bring conjuring effects to attain high labour
productivity.
(iv) Builder can gain control over processes by working
with and for labours welfare and thus eliminates
industrial disputes.
(v) The major lapse is procedure such as not securing
ladders and even not inspecting scaffolding in following
health & safety provisions under Factories Act, 1948.
Hence the builders should launch a project after securing
ladders and inspecting scaffolding.
(vi) The leave policies are not clear to contractual
labours, Latrines and urinals are not regularly clean and
Maintained and Project Manager is a Welfare Officer,
are the most commonly major contravention in
following health and safety as per Factories Act, 1948 in
real estate industry. Hence the construction company
can easily achieve goal congruence with labours goal by
curbing all these issues.
(vii) Employers of real estate industry should purchase
proper safety equipment such as harnesses and
guardrails. This will avoid any kind of accidents at site.
VIII. LIMITATIONS OF THE STUDY
(i) The personal biases of the respondents might have
entered in to their response.
(ii) Time allotted for survey was less.
(iii) Some of the respondent did not respond to the
question which may affect the analysis.
(v) From the interpreted data most of the labours are
satisfied with the safety measures at site as they feel that
their employers as well as community as a whole is
fulfilling their obligation to protect well-being of the
workers. But 46.66% of the labours are not satisfied
because of the brand of the company their expectations
were very high related to health and safety provisions at
site.
(iv) Generally the respondents were busy in their work
and were not interested in responding rightly.
(vi) It is good to see from the data analysis that most of
the labours are familiar with health and safety as per
Factories Act, 1948 except only 10% of the labours are
not familiar with it because of their ignorance.
IX. CONCLUSIONS
(v) Respondents were reluctant to disclose complete and
correct information.
(vi) Due to short duration only a small sample had to be
considered which doesn’t actually reflect an accurate
entire picture.
This report is an overview of the past, present and
future of the Impact of provisions health & safety
provisions of Factories Act, 1948 for protection of
VII. RECOMMENDATIONS
Labour Rights in real estate Industry of Pune. As a large
number of labour legislations have been enacted to
/SUGGESTIONS
promote the condition of labour, keeping in view the
(i) The builders should develop a thorough knowledge
development of industry and national economy. The
of the needs and expectations health and safety
labour legislation is necessary due to the reasons like;
provisions of the labours as per are Factories Act 1948.
the workers are financially weak and had little
bargaining power. The wages paid to factory workers
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International Journal of Research and Development - A Management Review (IJRDMR)
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are meager hence inadequate to meet their needs. Not
only this but also the employment of factory workers
was not secured and the workers have to work in slums
and under insanitary conditions.
The trade unions both the employees and employers can
play an effective role in molding and shaping the
national economy. Labour, which is comparatively in
disadvantageous position in a competitive social order,
has greater responsibilities in the year to come in a
developing state like India. Trade unions, which control
the destiny of working class, are to grow upon healthier
lines for establishing harmonious relations with the
employers.
The state is fully conscious of the worker’s difficulties
and problems as has been amply proved by the
discussion and details inside or outside the Parliament.
Certain legitimate demands of the workers have been
conceded by amending the law relating to obnoxious
practices, such as poor working conditions, unsafe
environment and unhygienic work place resorted by
employers. Workers in the country must understand
fully that if they desire to have due place in the
industrial economy of the country, they should realize
their responsibilities. Modern industrialization and
economic growth, envisaged in our planning call for
increased use of legislation not only for tackling the
social and economic problems that are existing but also
for creating such industrial conditions for establishing a
healthy and just social order. Both employers and
employees should realize the significance of industrial
democracy for productivity and efficiency in industry.
They should resolve their disputes through joint
consultation which is based on their mutual
understanding. For industrial regeneration it is necessary
that the partners of industry must cure their respective
defects. In order to improve further relations between
the employer and workers, the government is bringing
another comprehensive bill on industrial relations, which
is still pending for approval with the appropriate
authority.
Workers are the partners in the industrial undertaking.
Without the cooperation of the workers i.e. their good
work, discipline, integrity and character, the industry
will not be able to produce effective results or profits.
However efficient the machine is but the human element
always plays a vital role. If human resource refuses to
cooperate, the industry is bound to fail in the long term.
Therefore, the worker’s health and safety is
responsibility of employers.
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