JAMIA MILLIA

ISLAMIA

LABOUR LAW

PROJECT ON

PROVISIONS RELATING TO HEALTH, SAFETY

AND WELFARE OF WORKERS UNDER THE
FACTORIES ACT, 1948
NAME: - LOVESH RAJ PUROHIT

B.A. LL. B (HONS.) 6TH SEMESTER (REGULAR)

STUDENT ID NO- 202204935

ROLL NO: - 23

TOPIC: - PROVISION RELATING TO HEALTH, SAFETY AND WELFARE OF WORKERS

UNDER THE FACTORIES ACT, 1948

SUBMITTED TO: - MS. ARUSHI ANTHWAL

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 TABLE OF CONTENTS

INTRODUCTION........................................................................................................................................3

OBJECTIVES..............................................................................................................................................5

HEALTH PROVISIONS.............................................................................................................................7

SAFETY PROVISIONS............................................................................................................................10

WELFARE PROVISIONS.......................................................................................................................14

CONCLUSION..........................................................................................................................................18

1
 ABSTRACT
The Factories Act, 1948 is a landmark legislation in India that seeks to regulate the working
conditions, health, safety, and welfare of workers in industrial establishments. This Act was
enacted with the purpose of ensuring the health, safety, and welfare of workers in factories. The
Act contains several provisions related to occupational health and safety that impose obligations
on employers to provide safe working conditions, personal protective equipment, and facilities
for workers. This research paper will analyze the provisions relating to the health, safety, and
welfare of workers under the Factories Act of 1948. It will also examine the implementation and
enforcement of these provisions and highlight their impact on worker safety and health.

2
 INTRODUCTION
The Factories Act of 1948, which governs employment terms, working conditions, the working
environment, and other welfare standards of industries, was passed to safeguard the wellbeing of
workers in a factory. the Supreme Court ruled in Ravi Shankar Sharma v. State of Rajasthan,1
that the Factory Act is a social legislation that addresses the health, safety, welfare, and other
issues affecting factory workers, The Factories Act specifies rules and security precautions for
working with machinery, and with its strict adherence, it also gives owners instructions. The
Factories Act was passed in response to low wage practices that exploited and abused
manufacturing workers. A factory is a structure or collection of structures where individuals use
machines to produce commodities. The main objective of the Factories Act is to protect factory
workers from occupational and industrial hazards. In order to protect workers, this Act places a
special obligation on the owner or occupier of a plant to ensure and shield people from hazardous
employment. We can say that Factory Act is a great advancement in legal arena for the purpose
of securing the rights of workers and reliving them from any glitch and problems caused during
employment. This is result of some great decisions held by courts as in the case of Air India
Statutory Corporation v. United Labour Union,2 Supreme Court held that right of workers to
strike is a constitutional right and in case of Olga Tellis v. Bombay Municipal corporation,3
Supreme Court held that right to livelihood is an integral part of the right to life under Article 21
of the Indian Constitution and also establishes that evictions and displacement of workers
without providing alternative means of livelihood are unconditional. There are many more case
laws which show the development of workers rights in India. Factory Act 1948 contains on total
eleven chapters with covering different topics related workers as chapter one filled with short
title, extent and commencement of the act, certain powers and provisions regarding approval and
registration of factories. Second chapter starts out with general duties of the occupier including
with general duties of manufacturers and power inspectors. Third chapter talks about health-
related issues as to what extent there should be healthier facilities and basic necessities for
workers. Fourth chapter is the very important chapter in this act as this is the screen guard for
workers. Every machinery act should be in safe zone otherwise employer would be held liable.
Fifth chapter talks about welfare of workers as there

1
AIR 1993 Raj 117.
2
AIR 1997 SC 645.
3
3
1985 SCR Supl. (2) 51.

4
should be basic necessities such as washing facility, first aid appliances, canteens, shelters and
many more things which is necessary for the wellbeing of workers. Just like every chapter is a
cornerstone in arena of labours rights development. In this assignment we would specially talk
about health, safety, and welfare of workers as these are the main purpose of the enactments.

5
 OBJECTIVES
Establishing proper safety measures and improving the health and wellbeing of workers are the
main objectives of the Factories Act of 1948. The Act also safeguards workers against a variety
of occupational and industrial risks. The following are the key goals of the 1948 Act:

Health

In accordance with the Act, all factories must be maintained clean and all necessary precautions
must be taken to protect employee health. The factory needs a good drainage system, good
lighting, good ventilation, a good temperature, etc. There needs to be access to clean water. It is
necessary to construct separate restrooms and urinals for men and women in practical locations.
These must be kept hygienic and open to staff members. The main object of the Act is to ensure
adequate safety measures and to promote the health and welfare of the workers employed in
factories initiating various measures from time to time to ensure that adequate standards of
safety, health and welfare are achieved at all work places.4

Safety

The Act mandates that all equipment be adequately fenced, that no minors operate any
potentially hazardous equipment in confined spaces, and that suitable manholes be installed so
that workers can escape in an emergency. This Act was enacted primarily with object of
protecting workers engaged in factories against industrial and occupational hazards by seeking to
impose upon owners or occupier’s certain obligations for protecting workers and securing for
them employment in conditions conducive to their health and safety.5

Welfare

The Act mandates that each workplace maintain and provide workers with proper and suitable
washing facilities. There must be places to sit, first aid supplies, shelters, storage and drying
facilities, restrooms, and dining areas. The Act also places limitations on the employment of
women, young children, and teens, including those relating to working hours, breaks, vacations,
and paid annual leave.

4
Barat Fritz Werner Ltd. v. State of Karnataka, (2001) 4 SCC 498
5
Lanco Anpara Power Ltd. v. State of U. P., (2016) 10 SCC 329.

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Working hours

The Act establishes the working hours for all employees, and no adult employee may be
employed for more than 48 hours a week. There should be weekly holidays. In order to protect
employees and assure their health and safety precautions, the Act also sets particular limits on
owners, occupiers, or the manufacturer's head. The Act enhances working conditions and the
environment in production buildings while protecting workers from exploitation.

Penalties

The Act also lists specific regulations made pursuant to its provisions, as well as written orders
that are broken. It is an offence, and the following penalties may be assessed: a fine of up to one
lakh rupees; a year in prison; or both. Any worker Any employee who misuses equipment related
to the welfare, safety, and health of other employees, or those connected to the performance of
his duties, suffers a Rs 500 fine.

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 HEALTH PROVISIONS
Health related provisions are mentioned in chapter 3 of Factory Act 1948, it is the cornerstone for
the workers as it laid down certain specific guidelines for the purpose of securing workers from
every sickness which may cause during employment based on negligence of employer. It is a
magna carta for workers as healthy environment plays a paramount role in keeping workers
healthy, which makes ultimately more benefits for employers in terms of increasing the capacity
of production.6 This chapter aims to promote healthier environment for the purpose of creating
win win solution between employers and employees. But we have to analyze as to what extent
these provisions are practically implemented in factories and how much this chapter practically
remained beneficial for the workers. There are some issues have been mentioned in below which
are covered under Statute in the name of health provisions.

Cleanliness: Every factory needs to be kept clean and clear of any effluvia from drains, latrines,
or other annoyances. In particular:

 Dirt must be cleaned daily from floors, benches, staircases, and passages by sweeping or
by another method, and it must be properly disposed of.
 The floor should be disinfectant-washed at least once a week.
 During the manufacturing process, the floor becomes moist; this must be drained via
proper drainage system.

Disposal of wastes and effluents: Every factory has to have a method in place for treating
wastes and effluents produced by the manufacturing process they use. Effective method should
be used and that method also recognized by governments or Affluent Body, otherwise the factory
may be prosecuted.7

Ventilation and temperature:8 In order to ensure worker comfort and prevent health problems,
sufficient ventilation must be created for the circulation of air in a factory, which should be
maintained at a specific temperature.

6
Suresh C. Srivastava, “Labour Welfare and The Law” 17 JILI 344 (1975).
7
Narendra Lal v. State of U.P., (1981) 43 FLR 233 (All).
8
Factories Act, 1948 (Act 63 of 1948), s. 13.

8
Walls and roofing should be made of a material that is intended for a particular temperature that
should not go over as much as possible.

Certain precautions must be taken to protect the employees in facilities where the manufacturing
process requires extremely high or low temperatures.

Dust and fume: According to section 14, every factory has to have efficient measures to remove
or prevent any dust, fumes, or other impurities that might harm or offend the employees
employed and cause inhalation and buildup in any workroom.

No factory may operate an internal combustion engine unless the exhaust is directed outside, and
no other internal combustion engine may be used. Additionally, precautions must be made to
avoid the buildup of fumes that might endanger the health of any employees inside the room.

Overcrowding: According to section 16, there should be no overcrowding in factories that might
harm the health of the workers. All employees must have ample space in a room to work in the
building.

Lighting: According to section 17, every area of a factory where employees are employed must
have adequate natural, artificial, or both types of lighting installed and maintained.

All glass windows and skylights that provide lighting for the workroom in factories must be kept
clean on the inside and outside.

The production of shadows should not cause eye strain during any manufacturing process, and
all factories must have preventative measures that should not cause glare from the source of light
or via reflection from a smooth or polished surface.

Drinking: According to section 18, all factories must have the appropriate installations in place,
and maintain convenient locations with an adequate supply of clean drinking water.

The distance between any drinking water and any washing area, urinal, latrine, spittoon, open
drain carrying sullage or effluent, or another source of contamination in the factory must be 6
meters unless the chief inspector approves a shorter distance in writing. The labelling must be
legible and in a language that workers could understand.

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In all factories with more than 250 regular employees, there needs to be a suitable method for
providing cold drinking water during hot weather.

Latrines and urinals: According to section 19, all factories should have enough restrooms, and
urinal accommodations of the required types must be offered in a location that is convenient and
always accessible to workers. Male and female employees must have separate enclosed rooms.

These locations must be thoroughly cleaned, kept in a hygienic state, and have sufficient lighting
and ventilation. Sweepers must be used to maintain latrines, urinals, and washing facilities clean.

Spittoons: According to section 20, all factories must have spittoons in easily accessible
locations, and they must be kept clean and hygienic.

The state government specifies the number of spittoons that must be given, their placement in
any factory, as well as their maintenance in a clean and hygienic manner.

Except for spittoons designed, for this reason, no one should spit within the premises of a
factory. A notice must be posted if any violations occur, with a fine of five rupees.

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 SAFETY PROVISIONS
Chapter 4 of Factory Act contains on safety related provisions. These provisions are very
important as they save the labours from every damage or loss may caused during the
employment by the reason of machinery works such as fencing of machine. In safety related
provisions, there are many limitations for making the work safe as women and children are not
allowed to work near cotton openers. Just like young persons are also allowed only after getting
trained in specified task. These are the paramount provisions in favor of workers as they are
amounted to getting proper training and everything should be done with considering the safety,
otherwise the occupier will be held liable. Some important safety related provisions are
mentioned hereunder:

Fencing of Machinery:9 it is necessary to make an examination of any part of the machinery

aforesaid while it is in motion or, as a result of such examination, to carry out lubrication or other
adjusting operation while the machinery is in motion, being an examination or operation which it
is necessary to be carried out while that part of the machinery is in motion, or in the case of any
part of a transmission machinery used in such process as may be prescribed (being a process of a
continuous nature the carrying on of which shall be, or is likely to be, substantially interfered
with by the stoppage of that part of the machinery), it is necessary to make an examination of
such part of the machinery while it is in motion or, as a result of such examination, to carry out
any mounting or shipping of belts or lubrication or other adjusting operation while the machinery
is in motion, and such examination or operation is made or carried out in accordance with the
provisions of sub- section (1) of Section 22.

The State Government may by rules prescribe such further precautions as it may consider
necessary in respect of any machinery or part thereof, or exempt, subject to such condition as
may be prescribed, for securing the safety of the workers, any particular machinery or part
thereof from the provisions of this section.

Where the statute provides that it shall be the duty of the occupier or the manager to keep the
guard in position when the machine is working and when it appears that he has failed to do so, it
will then be for him to establish that notwithstanding this he is not liable. Therefore, where the
prosecution establishes the default of not fencing the dangerous part of machine while in motion

10
9
Factories Act, 1948 (Act 63 of 1948), s. 21.

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the occupier or the manager has to show that he has done everything to carry out his duty to see
that the guard was kept in position when the machine was working. The onus to prove this is on
him because his defense depends on it. It was held in Caroll v. Andrew Barelay and Sons Ltd, 10
that the duty under Section 21 is not only confined to shutting off the employee from danger, but
includes shutting in the machinery so that it cannot fly out and strike the workman if it breaks. In
Walker v. Bletechley Flettans Ltd.,11 it was held that a machine is dangerous if it is a possible
cause of injury to anybody acting in a way in which a human being may be reasonably expected
to act in circumstances which may be reasonably expected to occur. In Mitchell v. North British
Rubber Co. Ltd.,12 a machine was also held to be dangerous if in the ordinary course of human
affairs, danger may be reasonably anticipated from its use if unfenced, not only to the prudent or
alert but also to the careless or inattentive worker whose inadvertent conduct may expose him to
risk of injury from the unguarded part.

Employment of young persons on dangerous machines: According to section 23, no young

person is permitted to operate dangerous machines unless he has been adequately taught the
hazards associated with the machine and the measures to be taken, and has received suitable
training in working at the machine or adequate supervision by a person who has complete
knowledge and experience of the equipment.

Prohibition of employment of women and children near cotton openers: According to

section 27, Women and children are not permitted to work in any area of a cotton pressing
facility while a cotton opener is in operation. Women and children may be employed on the side
of the partition where the feed-end is located if the inspector so specifies.13

Revolving machinery. According to section 30(1) provides that in every factory in which the
process of grinding is carried on, there shall be permanently affixed to or placed near each
machine in use a notice indicating the maximum safe working peripheral speed of every
grindstone or abrasive wheel, the speed of the shaft or spindle upon which the wheel is mounted
and the diameter of the pulley upon such shafts or spindle necessary to secure such safe working
peripheral speed.

10
AIR 1966 Mad 378.
11
(1973) 1 AII ER 170.
12
1954 SCJ 73.
13
Zubair Ahmad Khan and Hina Varshney, “Implementation of the Labour Welfare Provisions for Women Workers
11
in the Unorganized Sector in India: A Critical Analysis” 21 ALJ 68 (2013-14).

12
According to Section 30(2) the speeds indicated in notices under sub-section (1) shall not be
exceeded. According to sub-section (3) of Section 30, effective measures shall be taken in every
factory to ensure that the safe working peripheral speed of every revolving vessel, cage, basket,
fly-wheel, pulleys, disc, or similar appliance driven by power is not exceeded.

Pressure plant: According to section 31(1) lays down that if in any factory any plant or
machinery or any part thereof is operated at a pressure above atmosphere pressure, effective
measures shall be taken to ensure that the safe working pressure of such plant or machinery or
part is not exceeded. Section 31(2) empowers the State Government to make rules providing for
the examination and testing of any plant or machinery.

Excessive weights: According to section 34 (1) no person shall be employed in any factory to
lift, carry, or move any load so heavy as to be likely to cause him injury. Clause 2 empowers the
State Government to make rules prescribing the maximum weights which may be lifted, carried,
or moved by adult men, adult women, adolescents, and children employed in factories or in any
class or description of factories or in carrying on any specified process.

35. Protection of eyes: According to section 35 In respect of any such manufacturing process
carried on in any factory as may be prescribed, the State Government may by rules require that
effective screens or suitable goggles shall be provided for the protection of persons employed on,
or in the immediate vicinity of, the process, provided such process involves

a) risk of injury to the eyes from particles or fragments thrown off during the process, or
b) risk to the eyes by reason of exposure to excessive light.

In the case of Danials v. Ford Motor Co. Ltd.,14 it was held that the term ‘Suitable’ is not
equivalent to perfect; it means well adapted for the process under consideration and that it must
fit him. The words ‘to protect the eyes’ were describing the end which is sought to be achieved
by the provision of goggles.

In the case of Finch v. Telegraph Construction & Maintenance Co. Ltd.,15 it was held that, it is
not enough if the goggles were hung in the office room, the workers must be informed of
their

14
AIR 1955 NUC 1933.
13
15
(1949) All ER 452.

14
whereabouts. In such a case only, it can be said that the requirements of this section are complied
with.

Precautions in case of fire: According section 38 (1), In every factory, all practicable measures
shall be taken to prevent outbreak of fire and its spread, both internally and externally, and to
provide and maintain safe means of escape for all persons in the event of a fire, and the necessary
equipment and facilities for extinguishing fire. Clause 2 says that effective measures shall be
taken to ensure that in every factory all the workers are familiar with the means of escape in case
of fire and have been adequately trained in the routine to be followed in such cases. Clause 3
says that the State Government may make rules, in respect of any factory or class or description
of factories, requiring the measures to be adopted.16

In case of Monk v. Arnold,17 held that factories and workshops are to be furnished with a
certificate that they are provided with such means of escape in case of fire as can reasonably be
required. It is the duty of the District Council to ascertain whether factories and workshops are
provided with such means of escape from fire where necessary to require its provision. The
county court has jurisdiction, on necessary application to apportion the cost of complying with
the requirement between the owner and the occupier of the factory or workshop in a just and
equitable manner.

16
Ravi Chandran, “The Workplace Safety and Health Act: An Overview” 19 SAcLJ 44 (2007).
17
(1902) 1 KB 761.

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 WELFARE PROVISIONS
Welfare provisions are the milestone for making welfare state as these are the necessity for
workmen to making job easy and comfortable. These provisions are very helpful for workmen as
to make them safe and healthy. These provisions are providing opportunity to every workman for
utilizing the basic facilities such as washing facility, facility of storing and drying of clothes and
sitting facilities and canteens facilities. Some important provisions are mentioned hereunder;

Washing facility: According to section 42, every factory should have adequate washing facility
including with separated screened facilities which should be well maintained and easily
accessible through workers. Clause 2 empowers the government to make rules regarding the
adequacy and reasonableness of the above-mentioned facilities.

Canteens: Section 46 enables State Governments to make rules requiring specified factories
employing more than 250 persons, to set up canteens in conformity with prescribed standards
and conditions as regards construction, accommodation, equipment, foodstuffs to be served and
the prices to be charged, representation of workmen in the management of the canteen.

In case of Mohan Singh v. Railway Board,18 the court held that the 1948 Act is a social legislation
enacted for welfare of workers. Idea behind providing statutory canteen in a factory is to create
efficient, healthy, loyal, and satisfied labour force for organization.

In case of Karri Pothu Raju v. National Thermal Power Corpn .,19 it was held that, it is statutorily
obligatory on the employer to provide a canteen for the use of his employees, the canteen
becomes the part of the establishment and therefore the workers employed in such canteen are
the employees of the Management. In the instant case, the respondent corporation is a factory
governed by the Factories Act and therefore it is obligatory on the management to provide a
canteen for the workers and to manage it with the help of a Managing Committee, if so advised,
and not through a contractor.

In Kanpur Suraksha Karmachari Union etc. v. The Union of India,20 the employees working in
canteen established in certain defense industrial installations under Section 46 of the Factories
Act,

20
(1989) I LLJ 26 SC.

16
18
(2015) 10 SCC 759.
19
(1997) 1 Cur LR 437 (AP)(DB).

20
(1989) I LLJ 26 SC.

17
1948 were by a Government order dated 20 July 1981 directed to be treated as Government
employees with effect from 22nd October 1980. The defense department refused to treat the
period of service prior to 22 October 1980 in such canteens as part of the qualifying service for
the purpose of pension. It was held that the occupier of a factory is required to maintain a
canteen. The Managing Committee of the canteen which is not an incorporated body cannot be
considered to be the employer. In the case of a canteen run by the contractor or a co-operative
society the position may be different. Therefore, it cannot be said that the employees of the
canteen would not be employees of the occupier even though for the purposes of management
the Canteen Managing Committee whose functions are advisory is constituted under the Rules.
There is nothing to show that on the workers in the canteen becoming Government employees
with effect from 22 October, 1980 they were paid by the previous management, namely the
Canteen Managing Committee. Further no compensation in lieu of services rendered by the
employees prior to 22 October, 1980 was paid. Hence the employees of the canteen are
employees of the factory and the service rendered by the employees prior to 22 October, 1980
should also be counted for the purposes of qualifying service for pension.

In General Labour Union (Red Flag) v. K.M. Desai,21 the company appointed contractor to run
the canteen for the employees, though the company Itself is registered under Section 7 of the
Contract Labour (Regulation and Abolition) Act, 1970, the contractor did not get the contract
registered under Section 12 of the aforesaid Act. Hence the canteen workers claimed that they
have become the direct employees of the company. It was held that unless workmen employed in
the canteen are doing the work in the same level as in the factory or the same kind of work as in
the establishment, they cannot become the workmen or the employees of the company under
Sections 46 and 103 of the Factories Act.

In A.P. Dairy Development Co-op. Federation Ltd. v. Shivadas Pillay,22 the Federation was
running a canteen for the workers employed in the factory and office establishment under the
supervision of the welfare officer. The employees of the canteen wanted to be treated as regular
employees of the federation in regular scales as they were being paid meagre salaries without
attendant benefits. It was contended on behalf of the federation that the canteen was
managed by an advisory

21
(1990) II LLJ 259 (bom).
15
22
(1992) I LLJ 153 (AP).

15
committee known as the Managing Committee. It was held that once a canteen is established
under Section 46 of the Factories Act the employees of the canteen would become employees of
the occupier and they will not cease to be so only because for the purposes of management a
canteen managing committee whose functions are advisory has to be constituted under the Rules.

In Indian Petrochemicals Corporation Ltd. and another v. Shramik Sena and another, 23 the
petitioner management was running a canteen in compliance with the requirements of Section 46
of the Factories Act, 1948 in which the workmen were employed purporting to be the employees
under a contractor. Some of the employees filed a petition demanding that they should be
absorbed as regular employees of the management with parity of pay scales and other service
conditions applicable to regular employees with effect from their actual date of entry into service
with the contractor. The Supreme Court had given direction in earlier appeals that for
regularization of service minimum and maximum age as on date of initial appointment have to be
investigated. In this appeal, the Supreme Court observed that the High Court was not justified in
holding that the maximum age referred to in earlier direction given by the Supreme Court meant
the age of superannuation. For regularization of service of workers in statutory canteens in this
case, the minimum and maximum age as on the date of initial appointment has to be investigated
and the maximum age will not mean age of superannuation.

In Ferro Alloys Corporation Limited and others v. Government of Andhra Pradesh and others,24
a canteen was run by the petitioner establishment in discharge of its statutory duty under Section
46 of the Factories Act. 1948. The State Government issued a notification abolishing contract
labour in certain operations of establishment and prohibiting contract labour in canteens. The
said notification was challenged in this writ petition. It was held that if a canteen was set up by
an establishment in discharge of statutory mandate, the employees of the canteen do not
necessarily become employees of the establishment. It would depend on how the obligation was
discharged by the establishment. In this case the canteen was set up in the discharge of its
statutory duty under Section 46 of the Factories Act, 1948.

The above-mentioned case laws are very important as they are milestone in deciding whether
employees come under the sphere of factory act or not, as some case point clearly that if the

23
(2001) I LLJ 1040 (SC).
24
(2002) III LLJ 392 (AP).

16
canteens are installed under the 46 of factory act, then the canteen's employees would come under
the factory employment otherwise, they would not be considered as factory employee.

17
 CONCLUSION
The requirement to provide safe working conditions, including adequate lighting, ventilation, and
sanitation along with providing safety equipment, such as guards for machinery and personal
protective equipment and other welfare provisions are the very necessary provisions which are
covered under the Factories Act. The Factories Act is an important piece of legislation that helps
to protect workers from harm in the workplace. The Act has been effective in reducing the
number of accidents and injuries in factories, and it has also helped to improve the overall health
and welfare of workers. The Factories Act is a living document that is constantly being updated
to reflect changing circumstances and it is enforced by a network of inspectors who are
responsible for ensuring that employers comply with its provisions. Employers who fail to
comply with the Factories Act can be prosecuted and fined. The Factories Act is an important
tool for protecting workers from harm in the workplace. By understanding the Act and its
provisions, employers can help to create a safe and healthy workplace for their employees.

18
 BIBLIOGRAPHY

1. Mishra, S.N , Labour and Industrial Laws (29th Edn. Central Law
Publications,Allahabad).

2. Dr. V.G. Goswami, Labour & Industrial Laws, (8th Ed., Central Law
Agency, Allahabad)

3. Dr. Avtar Singh & Dr. Harpreet Kaur, Introduction to Labour &
Industrial Law,(2nd Ed., 2008, Lexis-Nexis Butterworths Wadhwa
Nagpur)

4. Chaturvedi S. M, Labour and Industrial Laws, (13 th Edn., Central Law

Agency,Allahabad)

19