DESSERTATION

“SOCIAL SECURITY IN INDIA: AN

ANALYTICAL STUDY”

DOCTRINAL RESEARCH SUBMITTED

IN LIEU OF PAPER –VII DESSERTATION
FOR LLM FINAL YEAR SESSION 2023-2024

UNDER SUPERVISION SUBMITTED BY

SANDEEP SIR ROHIT AGARWAL

ASSISTANT PROFESSOR

IIMT COLLEGE OF LAW

 DECLERATION
I, Rohit Agarwal, a student of LL.M. of Law college Meerut, IIMT
University, Meerut , Uttar Pradesh with roll no. 2270003059 , do
hereby declare that this dissertation paper is an original work of
mine and is result of my own intellectual efforts. I have quoted
titles of all original sources. original documents and name of the
authors whose work has helped me in writing this research paper
have been placed at appropriate places. I have not infringed copy
rights of any other author.

Place - Meerut s/d

Date - (Rohit Agrarwal)

 CERTIFICATE

This is to certify that dissertation entitled “SOCIAL SEURITY IN

INDIA : AN ANALYTICAL STUDY“ which is being submitted by Mr.
Rohit Agrawal for the award of the degree of Master of Laws is an
independent and original research work carried out by her.

The dissertation is worthy of consideration for the award of LL.M.

Degree of Law College Meerut, IIMT University, Uttar Pradesh. Mr.
Rohit Agarawal has worked under my guidance and supervision to
fulfill all requirements for the submission of this dissertation. The
conduct of research scholar remained excellent during the period
of research.

Date- S/d

Place- Prof. Sandeep Sir

 ACKNOWLEDGEMENT

I feel proud to acknowledge the able guidance of our esteemed

(supervisor to be acknowledged) I acknowledge with pleasure
unparallel infrastructural support that I have received from Law
College Meerut, IIMT University, Uttar Praedesh . In fact this work is
the outcome of outstanding support that I have received from the
faculty members of the college, in particular…….. I find this
opportunity to thank the library staff of the Law College Meerut.
This research work bears testimony to the active encouragement
and guidance of a host of friends and well wishers. In particular
mention must be made of (optional). It would never have been
possible to complete this study without an untiring support from
my family (optional) I am greatly indebted to the various writers,
jurists and all others from whose writings and work I have taken
help to complete this dissertation.

Date - s/d

Place: Meerut Rohit Agarwal

 ABBREVIATIONS

A.P. - Andhra Pradesh

AAR - Authority for Advance Rulings
ACB - Anti-Corruption Bureau
AIA - Administration Improvement Act
AIDS - Acquired Immune Deficiency Syndrome
AIIMS - All India Institute of Medical Sciences
AIR - All India Reporter
ARC - Administrative Reform Commission
BBCA - Bhrashtachar Bharat Choddo Andolan
BCC - Blue Collar Crimes
BCI - Bar Council of India
BIS - Bureau of Indian Standards
BPRD - Bureau Of Police Research And Development
CBI - Central Bureau Of Investigation
CCFS - Central Committee of Food Standards
CJI - Chief Justice of India
COFEPOSA - Conservation of Foreign Exchange and Prevention of Smuggling
Activities Act
COS - Committee of Securities
CPA - Consumer Protection Act
CQIM - Corruption Quit India Movement
Cr.P.C - Criminal Procedure Code
Cri.L.J. - Criminal Law Journal
CVC - Central Vigilance Commission
CVO - Chief Vigilance Officer
DDP - Defence Procurement Policy
DGHS - Directorate General of Health Services
DGS&D - Directorate General of Supplies & Disposals
DRT - Debt Recovery Tribunal
DSPE - Delhi Special Police Establishment
DTAC - Double Taxation Avoidance Convention

DTC - Direct Tax Code

E- Electronic
E.H. - Edwin Hardin
EC - Essential Commodities
ED - Directorate of Enforcement
EPFO- Employees Provident fund organisation
ESIO- Employees State Insurance Organisation
EOW - Economic Offences Wing
EU - European Union
FBI - Federal Bureau of Investigation
FCPA - Foreign Corrupt Practices Act
FCRA - Foreign Contribution Regulation Act
FDA - Food Development Authority
FICCI - Federation of Indian Chambers of Commerce and Industry
FIR - First Information Report
FIU - Financial Intelligence Unit
FPO - Food Product Order
FRA - Food Regulation Authority
FSSA - Food Safety and Standards Act
GAAR - General Anti Avoidance Rules
GM - Genetically Modified
HACCP - Hazard Analysis and Critical Control Point
HEW - Health, Education And Welfare
HTIL - Hutchison Telecommunications International Limited
IAS - Indian Allied Services
IB - Intelligence Bureau
ICC - Interstate Commerce Commission
IEM - Independent External Monitor
IES - Indian Education Sector
IFRS - International Financial Reporting Standard
ILI - Indian Law Institute
ILO- International labour organisation
IMF - Indian Monetary Fund
IP - Integrity Pact
IPC - Indian Penal Code
IPS - Indian Police Service
IRS - Internal Revenue Service
IRDA- Insurance Regulatory Development Authority
ISI - Indian Standards Institutions
ITA - Income Tax Act
ITD - Income Tax Directorate

LHA - Local Health Authority

MFPI - Ministry of Food Processing Industries
MMP - Mission Mode Projects
MMPO - Milk and Milk Products Order
MRTP - Monopolies and Restrictive Trade Practices
NSAP- National Social Assistance Programme
NATRASS – National academy for training and research in Social Security
NFSA- National food security act
PBMMSEC - Prevention of Black Marketing and Maintenance of Supplies of
Essential commodities
PCA - Prevention of Corruption Act
PDI - Positive Deviation Initiation
PFA - Prevention of Food Adulteration
PIDR - Public Interest Disclosures and Protection of Informer Resolution
POTA - Prevention of Terrorism Act
POSCO- Prevention of children from sexual offence
Raj. - Rajasthan
RTI - Right to Information Act
SACB - State Anti-Corruption Bureau
SC - Supreme Court
SPS - Sanitary Phyto-Sanitary
SVC - State Vigilance Commission
TI - Transparency International
TMC - Terminal Market Complex
TQM - Total Quality Management
U/S - Under Section
UNCAC- United Nations Convention against Corruption
V. - Versus
VAT - Value Added Tax
WCC - White Collar Crimes
WTO - World Trade Organization
 LIST OF CASES
 State Of Haryana And Ors. Etc. Etc vs Piara Singh And Ors. Etc.
 Associate Builders vs Delhi Development Authority

 INDEX

Acknowledgement (ii )
Abbreviations (iv - vi)
List of cases ( vii )
Table of content ( viii – vi )

CHAPTER – 1 INTRODUCTION
1.1 Introduction 1- 10
1.2 Hypothesis of the study 11
1.3 Objectives of the study 12
1.4 Methodology adopted for this work 13
1.5 Plan of the work 14

CHAPTER – 2 WHITE COLLAR CRIMES

2.1 White Collar Crimes-A Retrospect 15 - 24
2.2 Concept And Definitions 25 - 38

CHAPTER – 3 NATURE AND SCOPE

3.1 Nature and Scope 39 - 46
3.2 Legal basis of white collar crimes 47 - 49
3.3 Classification 50 – 59
3.4 White Collar Crimes Vis-a-vis Other Crimes 60 - 63
3.5 White Collar Crimes / Corporate Crimes 64
3.6 White Collar Crimes / State Crimes 65
3.7 White Collar Crimes / State Corporate Crimes 66
3.8 White Collar Crimes / Economic Crimes 67 - 68
3.9 White Collar Crimes / Organised Crimes 69

CHAPTER – 4 PROBLEMS OF WHITE COLLAR CRIMES

4.1 Problems of White Collar Crimes in India 70 – 76

CHAPTER – 5 CAUSATIVE FACTORS

5.1 Causative Factors of White Collar White 77 - 84
5.2 Reasons For the Growth of White Collar Crimes in India 85 - 90
CHAPTER – 6 EMERGING TRENDS IN INDIA
6.1 Emerging Trends in India 91 - 100
6.2 white collar crime in India 101- 103
6.3 measures to curb white collar crime 104 – 106
6.4 legislation in India 107

CHAPTER – 7 CONCLUSIONS AND SUGGESTIONS [ix]

7.1 Conclusions and Suggestions
7.2 Bibliography
SOCIAL SECURITY
IN INDIA
“AN ANALYTICAL
STUDY“
Introduction
social security, any of the measures established by legislation to maintain individual or
family income or to provide income when some or all sources of income are disrupted or
terminated or when exceptionally heavy expenditures have to be incurred (e.g., in bringing up
children or paying for health care). Thus social security may provide cash benefits to persons
faced with sickness and disability, unemployment, crop failure, loss of the marital partner,
maternity, responsibility for the care of young children, or retirement from work. Social
security benefits may be provided in cash or kind for medical need, rehabilitation, domestic
help during illness at home, legal aid, or funeral expenses. Social security may be provided
by court order (e.g., to compensate accident victims), by employers (sometimes using
insurance companies), by central or local government departments, or by semipublic or
autonomous agencies.

The International Labour Organisation (ILO) uses three criteria to define a social security
system. First, the objective of the system must be to grant curative or preventive medical
care, to maintain income in case of involuntary loss of earnings or of an important part of
earnings, or to grant a supplementary income to persons having family responsibilities.
Second, the system must have been set up by legislation that attributes specified individual
rights to, or that imposes specified obligations on, a public, semipublic, or autonomous body.
And third, the system should be administered by a public, semipublic, or autonomous body.

In its statistics the ILO includes provisions according to which the liability for the
compensation of employment injuries is imposed directly on the employer, although such
schemes do not strictly meet the third criterion above. For this reason employer liability is
included here.

An alternative but wider term for social security in the countries that are members of
the European Union is social protection, which includes voluntary schemes not set up under
legislation. In some countries the term social security is used in a narrower sense. For
example, in the United Kingdom only statutory benefits in cash are regarded as social
security. The term social services is used to cover social security; health, education, and
housing services; and provisions for social work and social welfare. In the United States the
term social security is restricted to the federal social insurance system (OASDI) as distinct
from state benefits and “welfare,” which in Europe would be called social assistance. In some
countries (for example, Denmark and the United Kingdom) the reduction
of poverty historically has been a central aim of social security policy, and the concept of
maintaining income has been grafted on at a later stage. In other countries, such as France,
measures to deal with poverty have been seen as quite separate from the income maintenance
aims of social security.

A report published in 1984, prepared by 10 international experts appointed by the director of

the ILO, set out the ultimate aims of social security.

Its fundamental purpose is to give individuals and families the confidence that their
level of living and quality of life will not, insofar as is possible, be greatly eroded by
any social or economic eventuality. This involves not just meeting needs as they
arise but also preventing risks from arising in the first place, and helping
individuals and families to make the best possible adjustment when faced with
disabilities and disadvantages which have not been or could not be prevented. . . . It
is the guarantee of security that matters most of all, rather than the particular
mechanisms such as contributory or tax financing, the insurance or service model
of delivery, or the ownership of facilities (public/private, profit/non-profit) by
which that guarantee is given. . . . The means should not be confused with the ends.
Approximately 140 countries have some type of social security scheme. Nearly all of these
countries have schemes covering work-related injury and old-age and survivors’ pensions.
Well over half have provisions for sickness, and nearly half have provisions for family
allowances. The least commonly provided schemes are for unemployment, though at least 40
countries have them.

The rationale for social security

Because general social security schemes based on compulsory insurance did not come into
being until the last two decades of the 19th century, it has often been argued that social
security in its modern form has been a response to industrialization, which caused large
numbers of people to become dependent for their security solely on earnings from
employment. Indeed many families became dependent on one male earner and thus on his
capacity to find work, to undertake it, and to remain in it. Moreover, industrialization led to
the migration of people toward centres of work, thus separating them from the support given
by the wider family. In addition, the development of compulsory education prolonged the
period during which children were dependent on their parents; later the system of enforced
retirement created dependency at the other end of life. This situation is contrasted with an
often idealized image of the extended rural family with access to land, on which both
husband and wife worked, children started work early, and old people continued to work until
they became too frail or disabled to do so. On the basis of this oversimplification, some
theorists have proposed that social security developed out of a need peculiar to industrial
societies and that there is less need or no need for social security programs in the rural areas
of developing countries today.

It is true that support from the extended family, often enforced by local custom and religious
beliefs, contributes to the survival of peasant societies. But by no means do all the rural
populations of developing countries have access to land, and many people work for wages in
agricultural estates and mines. Moreover, peasant farmers are subject to formidable risks of
crop failure, quite apart from the risks associated with the shorter average life span that
characterizes developing countries. Although there is a need for social security in rural
societies, the importance of specific risks may vary from region to region. Moreover, the
irregular incomes in cash and kind emanating from agriculture do not lend themselves to the
payment of regular social insurance contributions. Thus, what may be lacking in rural
societies is the economic and administrative base for providing such security. Furthermore,
provision for sickness and old age is not generally seen as the highest priority by peasant
farmers overwhelmed by problems of weather and debt.

While the advent of industrialization has undoubtedly added to the need for social security by
breaking up the extended family and leading to urban poverty, it is by no means the sole
reason why the system evolved. Two of the first three countries to make provision for old-age
pensions were primarily agricultural societies—Denmark in 1891 and New Zealand in 1898.
The Danish scheme was clearly an attempt to alleviate rural rather than urban poverty. And it
is notable that the first province in Canada to develop compulsory health insurance (1962)
was Saskatchewan, which was overwhelmingly agricultural. These cases indicate that
statutory social security may evolve for a variety of reasons. Moreover, it depends to a
considerable degree on the economic level attained by the groups that might be covered and
the administrative capacity of the country to operate such a scheme. It is certainly the case
that, as countries become wealthier, there is greater willingness to defer consumption by
paying insurance contributions or taxes.

Historical evolution

Developments to c. 1900
In many societies charity has been the traditional way in which provision was made for the
poor. Charitable giving has been encouraged by many different religions, and in many parts
of the world religious agencies have long collected charitable donations and distributed help
to those in need.

The imposition of obligations on communities to pay taxes in order to provide for the poor
can be traced back for hundreds of years in a number of different societies. For example, part
of the function of the Christian tithe or the Islāmic zakat was to provide for the poor. Town
poor laws were passed in Germany from 1520 onward, and a law passed in 1530 clearly
placed on towns and communities the obligation of sustaining the poor. In 1794 the Prussian
states assumed the responsibility of providing food and lodgings for those citizens who were
unable to support and fend for themselves. From the 16th century it became recognized
in England that there were people who could not find work, and legislation was passed to
provide work for the poor and houses of correction for rogues and idlers. From 1598 a clear
obligation was placed on parishes to levy local taxes and appoint overseers of the poor in
order to give relief to those who could not work and to provide work for those who could.
This formed was the essence of the Elizabethan Poor Laws, an early provision of social
assistance.

The Elizabethan Poor Laws were poorly enforced in the 17th century but widely used and
liberalized by the end of the 18th century. A new Poor Law enacted in 1834, and reflecting a
harsh moral view of poverty, required the poor persons to be admitted to the workhouse so as
to receive relief only in kind, with occasional exceptions, but this again was by no means
uniformly enforced, though it added greatly to the unpopularity of the Poor Laws. Some U.S.
states copied the Elizabethan Poor Laws but exempted recent immigrants. The English Poor
Laws were also introduced in Jamaica in 1682 for destitute European immigrants and much
later in Mauritius (1902) and Trinidad (1931). In Latin America the Spanish colonists, instead
of establishing a public relief agency, gave grants to charities to provide “hospitals” for the
poor (beneficencias), and the Portuguese promoted lay brotherhoods such as the
Misericórdia.

The first general social insurance scheme was introduced in Germany in 1883. The scheme
drew upon three types of precedent. The first was the ancient system of guild collection
boxes—funds to which each member of a particular trade was required to contribute at
regular intervals; such funds were originally used for hospital and funeral expenses and for
food and lodging for aged and disabled members. By the middle of the 14th century these
arrangements were covered by statutes and regulations. Relief funds were later established by
associations of miners. The second precedent was a Prussian ordinance of 1810 that placed
on masters a duty to ensure that their servants were given medical attention in case of illness.
From 1849 communities could make bylaws requiring both employers and employees to
contribute to relief funds, and a law of 1854 introduced compulsory health and
accident insurance for miners. The third precedent was the employer’s legal liability to pay
damages for accidents caused by negligence. As a result of this liability, which was widened
in 1871, many employers took out private insurance. The system did not work well because
the burden of proof lay with the worker, who normally had to incur high legal costs and delay
before he could hope to obtain lump-sum compensation.

Chancellor Otto von Bismarck’s 1883 sickness insurance law provided to employees in
defined types of industry both medical care and cash benefits during a period of sickness, to
be paid for out of contributions from both employees and employers. This was followed by a
law of 1884 making accident insurance compulsory. The schemes were operated by
numerous funds controlled by the insured and their employers. Finally a law establishing
a pension for all workers in trade, industry, and agriculture from the age of 70 was passed in
1889. This was directly administered by the Imperial Insurance Office. Austria followed part
of the German example in 1888, Italy in 1893, and both Sweden and the Netherlands in 1901.

Bismarck’s political aim in introducing social insurance had been to address the legitimate
grievances of workers so as to check the growth of socialism and avert revolution. A
proportion of previous earnings were to be paid in cases of sickness, injury, widowhood,
and old age. Employers and employees were to work together in implementing the scheme. In
Austria part of the driving force was the Christian Socialists’ aim of improving the worker’s
position. Although Britain had been the first country to industrialize, the developments in
Germany and Austria originally attracted little British interest because of an aversion to state
intervention, an apparently lesser likelihood of revolution, and the slower development of
British socialism. In Britain self-help through friendly societies and savings banks was seen
as the solution. The friendly societies were run by skilled workers with no employer
participation and provided flat-rate cash benefits for sickness as well as treatment by the
society’s doctor, who was normally paid a flat rate per member insured—a so-called
capitation payment. By 1870 membership had grown to 1,250,000 and by the early 20th
century to 7,000,000. Apart from the regulation of friendly societies, the only social security
legislation passed in the United Kingdom during the 19th century was to widen the liability
of employers to compensate workers for personal injury arising out of work. By a law of
1897, compensation could be obtained whether or not the employer had been negligent.

Developments since c. 1900

Further action arose in the United Kingdom out of social concern about poverty, which was
systematically investigated both in London and in York. In 1899 the government carried out
an inquiry into the incomes of 12,000 elderly people. The influential precedents for action
were those of New Zealand and Denmark, which had made provision for old age without
establishing social insurance schemes, in contrast with Germany, where the scheme was
based on insurance. In 1908 in Britain, pensions at age 70 were introduced in a
noncontributory, income-tested basis, partly because such a scheme could bring
immediate relief to the aged poor, as opposed to a contributory scheme, which could only pay
pensions to those who had paid contributions. The social insurance approach was, however,
applied to sickness and also to unemployment in certain occupations three years later. This
compulsory scheme, including the first state scheme of unemployment insurance, again
reflected Britain’s concern to address the main causes of poverty. Benefits and contributions
for sickness and unemployment insurance were flat-rate, building on the precedents
established by the friendly societies and ensuring the maximum impact on the living
standards of low earners. From 1925 the social insurance approach began to be extended to
provide for widowhood and old age.

Unemployment insurance was subsequently introduced in Austria and Belgium (1920),

Switzerland (1924), Germany (1927), and Sweden (1940). In the case of health insurance,
Denmark, Norway, and Sweden promoted voluntary health insurance before making such
schemes compulsory, much later than in Britain or Germany. In France voluntary insurance
had long been less developed, and mutual insurance societies had long been regarded by
government with suspicion, and therefore suppressed. When they ultimately were allowed to
expand, around the end of the 19th century, the bulk of their membership was middle class.
During the second half of the 19th century larger employers established their
own pension and welfare institutions. An employers’ liability law was passed in 1898 for
accidents at work irrespective of negligence, and in 1910 modest contributory pensions were
introduced for industrial and agricultural workers. This law met with limited success, owing
to opposition on the part of workers, noncompliance among employers, the loss of rights on
change of job or bankruptcy of the employer, and the erosion of the value of pensions during
inflation. Health insurance, though provided for in a law of 1920, did not come into effect
until 1930, owing to the opposition of the medical profession.

A major innovation came in Belgium (1930) and France (1932) with the introduction of
family allowances, although New Zealand had introduced a limited means-tested scheme in
1927. These derived from the ideas of social Christianity regarding “the just wage” and had
originally been introduced by Christian employers on a private basis; special funds were later
set up to equalize financial burdens among employers. Family allowances became relatively
generous in France, partly because of concern to increase the birthrate after the heavy loss of
men in World War I. (There is, however, no clear evidence that family allowances have any
impact on birthrates.) France later introduced family allowances in many of its colonies
during the 1950s.

During the interwar period social insurance schemes were introduced in more and more
countries in Europe and Latin America. The most common model was that established in
Germany—autonomous funds paying earnings-related benefits. The first group to benefit in
Latin America was civil servants, followed by those working in railways and public utilities.
There were separate schemes for hospital personnel in Argentina (1921), shipbuilders in
Uruguay (1922), merchant seamen in Chile (1925), and dockworkers in Peru (1934). Thus the
foundations were laid for the complex social security schemes in Latin-American countries
that later reformers tried to amalgamate. The first comprehensive scheme for industrial
workers was established in Chile in 1924. In African colonies many schemes of social
security were originally introduced only for expatriate Europeans.

The Great Depression of the 1930s finally overcame opposition in the United States to federal
intervention in social security. Earlier government activity had consisted of piecemeal
initiatives at the local or state level. The Social Security Act of 1935 not only provided
federal grants for state public assistance to the aged, blind, disabled, and dependent children
but also established a federal old-age insurance scheme and federal financial backing for state
unemployment insurance plans that met federal guidelines. Provision for survivors was added
four years later and for disability later still. A quite different approach was taken in New
Zealand, which introduced in 1938 the first universal non-means-tested pension from age 65,
available only on a test of residence and financed in part from a special social security tax on
income.

U.S. Pres. Franklin D. Roosevelt signing the Social Security Act, August 14, 1935.
A major influence on world developments was the British government’s report by Sir
William (later Lord) Beveridge in 1942, which argued for the maintenance of full
employment as a responsibility of government, family allowances for all children after the
first, comprehensive health care for the whole population, and a unified national scheme of
social insurance run by the state with the safety net of a unified national scheme of social
assistance. The aim was to eliminate want or poverty. By 1948 the scheme had been
introduced in the United Kingdom with some compromises and modifications. A drive,
inspired by Pierre Laroque, to unify social insurance in France after World War II was less
successful.

During the period of rapid world economic growth from 1945 to 1973 there was a further
major expansion of social insurance to more countries, covering higher percentages of
population and wider risks. The expansion was particularly notable in Latin America and in
certain French colonies in Africa, where comprehensive social insurance schemes were
introduced following the original schemes for family allowances. In the British colonies a
different approach was taken: provident funds (see below) were widely developed for
particular categories of workers. Discrimination on racial grounds was widely prohibited but
still persisted in South Africa.

The major innovations in social insurance after World War II were the protection of pensions
by linking them to the inflation rate; the development of dynamic pension formulas that
indexed past pension contributions to the level of earnings at the time of retirement; the
introduction of flexible retirement providing for part pension and part-time earnings in the
last few years before full retirement; the movement toward equal rights for men and women;
attempts to provide for all disabled people on the basis of the degree rather than the cause of
disability (i.e., whether or not work-related); the growing recognition of extra needs arising
from disability and of the needs of persons caring for the disabled; special provisions for one-
parent families; the development of parental allowances in addition to family allowances; the
integration of child tax allowances with family allowances; and the extension of the same
health-care rights to all citizens.

Legal liability

Many countries that once held employers themselves legally responsible for compensating
victims of work accidents and for paying for their medical care have now adopted state
schemes of compulsory insurance. From the point of view of the worker the problems with
the former system include the delays and costs of going to court and the possibility that the
employer may be uninsured, unable to pay, or bankrupt by the time the case is heard.
Moreover, a lump sum awarded by a court cannot be invested so as to provide a secure
inflation-protected income for life. And when the employer is privately insured, the insurance
company is in a position to offer the worker a small lump sum soon after the accident,
knowing that the worker may well accept it rather than incur the delay, costs, and uncertainty
of a court case to obtain the full value of the claim. From the national point of view such a
system is wasteful because of the legal costs and the high administrative costs incurred by the
insurer and passed along to the insured by way of higher premiums. The argument in favour
of this approach is that insurers quote premiums for individual employers according to their
experience of risk, which provides financial incentives for industrial safety. But insofar as
such incentives are effective, premiums for a national program of accident insurance can also
be risk-rated.

In some countries, when a statutory insurance scheme of occupational injury has been
introduced, the right of the employee to sue the employer for negligence is removed. In other
countries the employee is free to supplement industrial injury benefits by making a claim for
negligence.

The legal liability approach is still used in many developing countries for the general
provision of medical care. Thus large employers or employers of labour in mines or specific
agricultural estates (e.g., sugar, tea, and rubber) are required to provide clinics and hospitals
for their employees and dependents. This is one way of ensuring that health services are
provided to people working far from the main urban health services. It is, however, difficult
to ensure that employers comply with the spirit of the law. Moreover, employees may suspect
that the doctors and nurses working in such services owe their primary loyalty to the
employer and thus tend to economize on the treatment or are reluctant to certify time off for
sickness. A further problem is that it is uneconomic to provide government services in these
areas for the remainder of the population who are not employed by the major local employer
and is difficult to integrate employers’ services with government services.

In several countries employers are required to provide defined levels of cash benefits during
short periods of sickness (e.g., six to eight weeks). This avoids the administrative complexity
of a social insurance benefit paid by a national scheme or a sick fund supplemented by an
employer’s scheme. Provision may be made to protect the workers’ rights if the employer
goes out of business.

While social insurance is preferred to the employer liability approach by social security
experts because it can give better protection, employer liability is still widely used in
developing countries not only for employment injury but also for sickness and maternity
benefits and employer severance payments.

Provident schemes
Many developing countries require certain employers to contribute to a provident scheme
providing a lump-sum payment in the event of death or disability or on retirement. Such a
scheme differs from a social insurance scheme in that each worker usually has his own
personal account from which he or she can draw if certain contingencies arise; there is no
pooling of risks among members as there is in a social insurance scheme. Such schemes,
which avoid the administrative complexity of paying a regular cash benefit, may be a step
toward a full-fledged social insurance scheme. There are three disadvantages of such schemes
from the point of view of the beneficiary. First, provision is inadequate for risks occurring
early in working life. Second, the funds are generally invested in government stock with a
rate of interest fixed in money terms that may be below market rates; the real value of the
accumulated savings may thus be substantially eroded by inflation by the time of retirement.
Third, a lump sum once received cannot normally be securely invested to provide an income
protected against inflation. Moreover, it may be frittered away or unwisely invested. From the
point of view of governments, however, such schemes are attractive in that they generate
forced savings that can be used to finance national development plans.

Social insurance
The use of compulsory insurance as a mechanism to provide medical benefits and cash
benefits in the case of sickness, disability, widowhood, and old age became acceptable to
legislative bodies fearful of accepting extended state intervention that would require higher
taxes to finance pensions or other benefits. In societies where self-help by voluntary
insurance had been widely supported, the further step of compulsory insurance was seen as a
means of making workers “good” by legislation. Because the schemes were financed by
contributions levied on both employers and employees with, in some cases, modest state
subsidies, unacceptable levels of national taxation were avoided; indeed, as such schemes
reduced the need for social assistance or poor relief, the burdens on local taxation were
reduced.

Compulsory insurance contributions are essentially a tax on earned income. Employers try—
and probably succeed in most circumstances—to shift the burden of their share of the
contribution either to consumers in higher prices or more probably, in the long run, to their
employees by paying them less in cash. Thus employers’ contributions are in most cases not
paid at the expense of profits. However, the fact that the worker is told that the employer has
to pay a proportion of the total contribution helps to make such schemes acceptable to
employees, quite apart from the clearly defined benefits that flow from paying their share.
Compared with the complexities of an income tax, a social insurance tax is a simple one to
collect. But if the level of contributions is high, it creates incentives for workers to become
self-employed in what has come to be called the “black,” or “underground,” economy and for
employers to avoid contribution liability by employing contract labour rather than full-time
staff.

In terms of meeting social needs or reducing poverty the social insurance method of provision
has a number of disadvantages. Over the years many countries have tried to find means of
countering these. First, the analogy with private insurance, which made such schemes
politically salable, carries with it the social disadvantage that benefits should be paid to those
who have contributed. Thus such schemes cannot provide benefits to persons who have never
worked, for example, persons who have become disabled before reaching the age to enter
employment, those incurring risks very soon after entering employment, and women (or men)
who do not enter the labour force because of family responsibilities. Second, the expectation
that benefits should be related to the amount paid in discriminates against individuals, usually
women, who because of family responsibilities have fewer years in paid employment.
Moreover, workers with dependent spouses and children have greater needs than single
persons, though the assumption of marital responsibilities—or the converse assumption of
marital dependency—is not strictly speaking an insurable risk. Third, where contributions are
related to earnings, the benefit will be low for low earners, thus failing to protect them from
poverty. The alternative approach, which some countries have adopted, of flat-rate
contributions and flat-rate benefits can impose heavy burdens on low earners with family
responsibilities. Fourth, it is difficult to bring the self-employed and those working for small
employers (e.g., agriculture or domestic work) into such a scheme.

Over the years many countries that started with a purist insurance approach have modified
their schemes to try to overcome many of these disadvantages. For example, extra benefits
have been provided to persons with dependents. Contributions have been credited to persons
outside the labour force for reasons of family responsibility, sickness, or disability. Minimum
benefits have been introduced above those strictly warranted by low earnings-related
contributions, or the benefit formula has been weighted in favour of lower earners. And some
countries have made contributions earnings-related or integrated them with income tax while
still paying flat-rate benefits.

Benefits to all residents

Because of the disadvantages of the social-insurance approach, some countries have made
certain benefits available to all residents and financed them out of taxation. When the benefit
is paid on the basis of age it is sometimes called a demogrant. The most common benefit
selected for this approach is the family allowance. The underlying philosophy is that
provision for children should not depend on whether the parent is or has been in paid
employment. Some countries have adopted this approach for pensions or at least for a
minimum pension. In some cases this evolved from an earlier provision of an income-tested
pension. In other cases this was the only way forward for governments in which the power to
levy social insurance contributions did not rest at the federal level. Some countries have more
recently applied this approach to provision for the disabled in the form of a minimum benefit
based only on the extent of disability. It is increasingly applied to medical benefits on the
grounds that all citizens have a right to health care.

Social assistance
The development of social insurance and demogrants has not removed the need for social
assistance to fill gaps in provision in advanced societies. Social assistance is based on need
and thus requires declarations of income, family size, and other circumstances. Thus it is
provided on the basis of a means test that takes into account not only income but also capital;
persons with a specific level of savings may be ineligible. Alternatively it may be only
income-tested, the income from capital being assessed in the same way as other income.
Often those who have been given the task of operating the scheme (e.g., social workers) have
been allowed considerable discretion in deciding whether to give assistance and how much to
give in certain types of cases. Not all basic rules are known to claimants. The tendency in
industrialized countries has been to try to transform assistance into a right with published
scales and regulations and opportunities for appeal. With codification has often come
standardization and the unfortunate removal of some of the flexibility available under
discretionary systems.

In some countries social assistance plays a residual role, providing a less favourable level of
support than is normally available from social insurance benefits. In other countries (e.g., the
United Kingdom) social assistance plays a considerable role in supplementing social
insurance benefits for those without other sources of income such as sick pay or employers’
pension schemes as well as providing for those without rights to benefits (e.g., one-parent
families other than widows) or those whose benefits have run out because they are paid only
for a specific number of months (e.g., unemployment benefits).

There are disadvantages of the social assistance approach. First, it penalizes saving and
earning because income from any source is normally deducted from the assistance that would
be payable, and persons with a certain level of savings may be ineligible until they have used
them up. Second, it tends to stigmatize the recipient; and third, partly for this reason and
partly because of the difficulty of knowing detailed rules of entitlement, there are
considerable numbers of people who would be eligible but do not make claims. Partly
because of this problem of stigma, social assistance programs are called by a variety of
different names in the hope that they will be more acceptable to applicants. For example, the
term used is supplementary benefit in the United Kingdom and GAIN (guaranteed income)
in British Columbia. Eligibility rules differ considerably from country to country and are
usually determined locally rather than centrally. Moreover, schemes are generally financed
wholly from taxes—often local taxes. In the United Kingdom, where rules are determined
centrally, persons in full-time work are not eligible. In the United States only households
headed by a single parent are eligible for the Aid to Families with Dependent Children
program, which creates incentives for desertion or fictitious desertion. There are, however,
further programs for the blind, the disabled, and the aged.

The United States uses what is essentially the social assistance approach for meeting the
medical care needs of low-income persons under the Medicaid program. Ireland operates a
scheme by which persons with low income can apply for a medical card that gives them more
extensive rights to free health care than are available to other income groups. Those with low
incomes in South Korea can also apply for cards giving rights to free or nearly free health
care.

A number of countries in Europe have developed separate income-tested provisions to help

persons with low incomes meet the cost of rent or property taxes. Such housing allowances
are available to persons whether in work or not and take account of family composition as
well as rent payable.

Negative income tax

Partly because of the stigma attached to social assistance, the difficulty the potential
beneficiaries have in understanding eligibility, and their reluctance to apply, it is often
proposed that the information provided to the state from income tax returns should be used by
the state to determine the need for cash payments to persons with low incomes. The ability to
do this depends on persons’ being required to make income tax declarations by a certain date
however low their incomes, which is not the practice in every country. Canada has a program
to supplement on the basis of this information the incomes of persons drawing pensions. This
approach is much less appropriate for younger people whose financial circumstances change
considerably from year to year and month to month due to sickness, unemployment, job
changes, marriage breakdown, remarriage, and so on. People
need money when poverty strikes, not after the end of the income tax year.
HYPOTHESIS OF THE STUDY:

Our study of social security in India, having Indian overtones, envisages the existing
scenario of rampant Socio-economic issue and wide spread issues related to social
security in Indian context.
The idea behind the concept of social security is that the state shall be responsible
for protecting its citizens against certain contingencies of life. There is no such
definition of social security which may be country to country according to the
prevailing social legislations, traditions ideals. The basic principle of social security
implies collective action by the community to help a member against misfortunes and
wants he cannot meet with his own resources. It is based on business ethics “ideals
of human dignity and social justice”.
Social security provides financial helps in case of contingencies such as
unemployment, maternity, industrial disease, old age and death etc.
Under social security the members of a particular category are offered safeguards
and benefits such as medical and financial and to injured and financial help to
widows, orphans and educational assistance in the form of scholarship and free
ships to the needy students.
OBJECTIVES OF THE STUDY

 To analyse the concept of social security prevailing in today’s scenario.

 To find various practical problems regarding the enforcement and adjudication of

social security in India

 A positive analysis of various legislations relating to labour law meant

for curbing the social security issues.

 To find out the working position, role and effect of various institutions/
authorities dealing with security in India.
METHODOLOGY ADOPTED FOR THIS WORK

It is an analytical research based on the study of Books, Reports, Journals, Magazines,

Legislative and Judicial pronouncements, declarations, conventions, treaties and
information available on internet etc. for this I visited libraries of various
institutions, to consult the journal and books of learned authors.
It also consulted articles published in various newspapers and magazines related to the
matter.
 CHAPTER-II
SOCIAL SECURITY: CONCEPT AND DEFINITIONS

What is Social Security?

The idea behind the concept of social security is that the state shall be responsible for
protecting its citizens against certain contingencies of life. There is no such definition of
social security which may be country to country according to the prevailing social
legislations, traditions ideals. The basic principle of social security implies collective action
by the community to help a member against misfortunes and wants he cannot meet with his
own resources. It is based on business ethics “ideals of human dignity and social justice”.

Social security is the security that society furnishes through appropriate organizations
against certain risks to which its members are exposed. Broadly speaking the idea of social
security is that “The state shall make itself responsible for ensuring a minimum standard of
material welfare to all its citizen on a basis wide enough to cover all contingencies of life
from womb to the tomb.

In fact social security is an attack on five “Giants” namely Want, Disease, Ignorance, Squalor
and illness. Security against giant of “squalor” mean security against all those evils which
come through the unplanned and unorganized growth of cities. The ultimate aim one’s
economic and political protection. It is to protect the poor and to ensure that they have an
acceptable standard of living.

According to the ILO, social security is the protection provided to individuals and
households to ensure access to health care and to guarantee income security, particularly
in cases of old age, unemployment, sickness, invalidity, work injury, maternity or loss of a
breadwinner.

SOCIAL SECURITY PROTECTION is clearly defined in ILO Convention and UN instrument as

Basic Human Rights broadly defined as a system of contribution based health pension and
unemployment protection along with tax financed social benefits.

Social security is a human right which response to the universal need for protection against
certain life risks and social needs. It covers eventualities like Sickness, Maternity, Disability,
Death, Unemployment, and Old age. Social Security in India covers treatment, rehabilitation
or compensation. Lack of Social Security in India or in any other nation can lead to
destitution, crime, child labour, etc.
ARTICLE 22 OF Universal declaration of Human right , which states that:

Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance with
the organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.

Definitions:
 “Social Security is a program of protection provided by society against the
contingencies of modern life like-sickness, unemployment, old age, industrial
accident against which the individual cannot be expected to protect himself and his
family by his own ability and foresightedness.” --Fridlander
 “By social security we undertake a programme of protection provided by society
against those contingencies against which the individual of small means cannot
effectively provided by his own ability and foresight.” --International Labour
Organization
 “Social security is an attack on five giants namely want, disease, Ignorance, Squalor
and illness.” --Sir William Devergidge
 “Social security is a controversial and dynamic subject with various facets,
philosophical, theoretical, humanitarian, financial, administrative, social, economic,
political, statistical, medical and legal.” --Weher and Cohen

features of social security

Social security provides financial helps in case of contingencies such as
unemployment, maternity, industrial disease, old age and death etc.
From the analysis of these above mentioned definitions one can identify the
following features of social security.
(i) Social security in some countries is applied to all governmental programmes
and in some countries it is applied only to Social Insurance programme.
(ii) It covers wide variety of health and welfare schemes, the coverage of social
security is very wide meeting the different contingencies of an employee
member.
(iii) Social Security is a dynamic concept and its coverage changes with social,
economic and political system prevailing in a given country at a given time.
(iv) A comprehensive scheme of social security consist of “Social Insurance and
social assistance".
(v) The modern social security scheme is the integration of its two important
elements of social insurance and social assistance and covering of all social
risks.
 (vi) Social security must provide protection against all the ordinary risks of life
and as well as special risks of employment.
(vii) It should bring under protection all member workers by hand and brain who
live solely by their mere earnings.
(viii) All social security programme although differ from country to country but
they aims at providing some form of cash payments to individuals to
individuals to replace at least a part of the lost income that occurred due to
any such contingencies.
(ix) It provides financial helps in case of contingencies such as unemployment,
maternity, work injury, industrial disease, old age, widowhood and orphan
hood etc.
(x) Under social security the members of a particular category are offered
safeguards and benefits such as medical and financial and to injured and
financial help to widows, orphans and educational assistance in the form of
scholarship and free ships to the needy students.

STATUS OF SOCIAL SECURITY IN INDIA

Around 53% of all of the salaried workforce does not have any social security benefits in
India, according to the Periodic Labour Force Survey Annual Report 2021-22, and which has
been cited in the media. In effect, this means that such employees have no access to a
provident fund, pension, and health care and disability insurance.

Only 1.9% of the poorest 20% of India's workforce have access to benefits. Meanwhile, gig
workers, or approximately 1.3% of India’s active labor force, rarely have access to any social
security benefit. India’s social security system is also ranked poorly; Mercer CFS ranked India
at 40 out of 43 countries in 2021.

In the case of Haryana, where the CAG noted that the direct benefit scheme of the State’s
Social Justice and Empowerment Department had seen the transfer of ₹ 98.96 crore to the
accounts of deceased beneficiaries.
Objectives of Social Security
Compensation, Restoration and Prevention are the three major objectives of Social
Security.

1. Compensation: It implies security of income. It is based on this consideration

that during the period of the contingency of risks, the individual and his/her
family should not be subjected to a double calamity, thus by destitution and
loss of health, limb, life or work.
2. Restoration: It commutates cure of one’s sickness, reemployment to restore
him/her to earlier condition. In a sense, it is an extension of compensation.
3. Prevention: It measures are directed to avoid the loss of productive capacity
due to sickness, unemployment or invalidity to earn.

These measures are designed with an objective to increase and material

intellectual and moral being of community by rendering available resources
which are used by avoidable disease and idleness.

Status of Social Security in India

 Informal Workforce: Approximately 91% (or around 475 million) of India’s
workforce works in the informal sector. It lacks access to social security.
o In two decades, India will be an ageing society — for such workers with limited
savings, there will be no significant social protection.

o Only 1 million out of 63 million Indian enterprises and approximately 7.5% of 550
million labor force contribute to monthly social security.

 Lack of Social Security Benefits for Salaried Workers: According to the Periodic
Labour Force Survey Annual Report 2021-22, around 53% of the salaried workforce
has no social security benefits in India.

o Such employees cannot access a provident fund, pension, health care and disability
insurance.
o Just 1.9% of the workforce’s lowest 20% group has access to any benefits.

 Gender Disparity in Social Security Benefits: While 47.8 per cent of salaried
men have these benefits, just 44.3 of these women have access to social security
benefits.
  Status of Gig workers: They are considered outside the traditional employer-
employee arrangement, form approximately 1.3% of India’s active labour force,
but do not have access to any social security benefits.

 Poor Ranking: According to the 15th annual Mercer CFA Institute Global Pension
Index (MCGPI) , India’s social security system is ranked poorly at 45 out of 47
countries in 2023.

Need for Universal Social Security in India

 Rising Ageing Population: The threat of aging poses a significant challenge for India
as according to the United Nations Population Fund, India’s elderly population will
double and overtake the number of children by 2050.
o The number of people aged 60 and above will increase from 149 million (14.9 crore)
in 2022 to 347 million (34.7 crore) in 2050.
 Fragmented Nature of Schemes: The education assistance under the Private
Commercial Transport Workers’ Accident Benefit Scheme is given to a maximum of
two children of the driver, only if he suffers accidental death or permanent
disability.
o There is no scholarship for his children if he is still alive and able-bodied.
 Exclusion of Gig Workers: Gig-workers’ children lack scholarships, either when the
worker is alive or after his death, while construction workers’ children get
scholarships from pre-school to post-graduation.
 Deficiencies Associated with Sector-Specific Schemes: The Unorganised Workers’
Social Security (UWSS) Act of 2008 aimed to provide universal social security to
every unorganised worker and provide all nine benefits prescribed by the ILO.
o However, due to its several inherent deficiencies, only 4,30,198 registered workers
availed themselves of sector-specific schemes, receiving only one or two benefits.
o Nine principal benefits of social security prescribed by the ILO include medical care,
sickness, unemployment, old age, employment injury, family, maternity, invalidity
and survivors’ benefits.
Right To Social Security

Right to social security is a kind of natural right and it is recognized as a basic

human right by most of the international personality. The concept of social
security was first introduced in Germany in 1883.According to this scheme
each member of a particular trade (blacksmiths, painters, weavers etc.) was
required to contribute at regular intervals; Money from this fund was used
for food, lodging, hospital and funeral expenses of aged and disabled
members.

Generally accepted definition of social security is “right to social security

assistance for those unable to work due to sickness, disability, maternity,
employment injury, unemployment or old age”. Internationally the concept
of social security as a basic human right came to play by ILO’s declaration of
Philadelphia (1944) and its income security recommendation 1944(
no.67).Then this right is uphelded in various international instruments like
international bill of rights (UDHR,ICESCR) and is reflected in various
international conventions. Most of the states in the world accepted and
recognized this right as human right and enforce it through their legal
instruments. This paper will briefly point out the various international
conventions and declarations, Indian municipal laws and schemes which
directly or indirectly recognize the social security as a human right.

International Human Rights Law:

Social security was established as a basic human right in the ILO’s Declaration
of Philadelphia(1944) and its Income Security Recommendation,1944 (No.
67). This right is upheld in the Universal Declaration of Human Rights, 1948,
and the International Covenant on Economic, Social and Cultural Rights,
1966.

Following are international instruments which made clear that social security
is a human right through their articles.

International Bill of Rights:

Universal Declaration of Human Right:

The Universal Declaration of Human Rights recognizes the right to social
security in article 22,
Which states that: "Everyone, as a member of society, has the right to social
security and is entitled to realization, through national effort and
international co-operation and in accordance with the organization and
resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.”

And article 25, which enshrines the right to an adequate standard of living,
stating that:
"(1) Everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing, housing and
medical care and necessary social services, and the right to security in the
event of unemployment, sickness, disability, widowhood, old age or other
lack of livelihood in circumstances beyond his control. (2) Motherhood and
childhood are entitled to special care and assistance. All children, whether
born in or out of wedlock, shall enjoy the same social protection."

International Covenant on Economic, Social and Cultural Right

Article 9 of the International Covenant on Economic, Social and Cultural
Rights (ICESCR) recognizes "the right of everyone to social security, including
social insurance."
The right to social security is furthermore recognized in Article 10, which
states that "special protection should be accorded to mothers during a
reasonable period before and after childbirth. During such period working
mothers should be accorded paid leave or leave with adequate social security
benefits."

State parties obligation:

State parties to the ICESCR have the obligation to respect, protect and fulfil
the right to social security. In the General Comment no 19 (2007) On the
Right to Social Security the UN Committee on Economic, Social and Cultural
Rights clarified that the right to social security as enshrined in the ICESCR
encompasses:
"the right to access and maintain benefits, whether in cash or in kind, from
(a) lack of work-related income caused by sickness, disability, maternity,
employment injury, unemployment, old age, or death of a family member;
(b) unaffordable access to health care; (c) insufficient family support,
particularly children and adult dependents"

State parties must ensure that "the social security system will be adequate,
accessible for everyone and will cover social risks and contingencies". State
parties also have an obligation to facilitate the right to social security by
sufficiently "recognizing this right within the national political and legal
systems, preferably by way of legislative implementation" and "adopting a
national social security strategy".

International covenant on civil and political rights:

According to the UN Human Rights Committee article 26 of the International
Covenant on Civil and Political Rights on discrimination applies to the right to
social security. In a General Comment from 2000 the Committee highlighted
the right to social security as an area where women are frequently subject of
discrimination.

UN Conventions And Specific Instruments:

Convention on elimination of all forms of racial discrimination:
The right to social security is recognized in article 5 which requires that State
parties must prohibit and eliminate racial discrimination in all of its forms,
and to guarantee the right of everyone "without distinction as to race, colour,
or national or ethnic origin, to equality before the law, notably in the
enjoyment of... the right to public health, medical care, social security and
social services".

Convention on elimination of all forms of discriminations against women:

It enshrines the right to social security for women in article 11, stating that
women have "the right to social security, particularly in cases of retirement,
unemployment, sickness, invalidity and old age and other incapacity to work,
as well as the right to paid leave”.

Convention on the rights of the children:

It enshrines the right of children to social security in article 26, stating that:
"(1) States Parties shall recognize for every child the right to benefit from
social security, including social insurance, and shall take the necessary
measures to achieve the full realization of this right in accordance with their
national law.

(2) The benefits should, where appropriate, be granted, taking into account
the resources and the circumstances of the child and persons having
responsibility for the maintenance of the child, as well as any other
consideration relevant to an application for benefits made by or on behalf of
the child.

The Convention further elaborates on the right of children to social security

in article 18 in relation to working parents, stating that "States Parties shall
render appropriate assistance to parents and legal guardians in the
performance of their child-rearing responsibilities and shall ensure the
development of institutions, facilities and services for the care of children."

According to the Convention "States Parties shall take all appropriate

measures to ensure that children of working parents have the right to benefit
from child-care services and facilities for which they are eligible."
Article 20 of the Convention makes provisions for the right to social security
of children without parents, stating that "A child temporarily or permanently
deprived of his or her family environment, or in whose own best interests
cannot be allowed to remain in that environment, shall be entitled to special
protection and assistance provided by the State." And that "States Parties
shall in accordance with their national laws ensure alternative care for such a
child”.

ILO conventions and recommendations relevant to social security extension

policies include:
1. The Social Security (Minimum Standards) Convention, 1952 (No. 102)
2.The Equality of Treatment (Social Security)Convention, 1962 (No. 118)
3. The Employment Injury Benefits Convention, 1964 (Schedule I amended
in1980) (No.121) Invalidity, Old-Age and Survivors’ Benefits Convention, 1967
(No. 128)
4. The Medical Care and Sickness Benefits Convention, 1969 (No.130)
5. The Maintenance of Social Security Rights Convention, 1982 (No. 157)
6. The Employment Promotion and Protection against Unemployment
Convention, 1988(No.168)
The Job Creation in Small and Medium-
Sized Enterprises Recommendation, 1998(No. 189)
Maternity Protection Convention (Revised)2000 (No. 183)
RESOLUTIONS:
In 2001, the International Labor Conference adopted the Resolution and
Conclusions concerning Social Security
Reaffirmed social security as basic human right,
Confirmed the ILO Mandate in social security, and
Proposed that the ILO launches a global campaign for the extension of social
security
for all, which was launched at the ILC 2003.
Global Jobs Pact (adopted by the ILC 2009):
Requests countries that do not yet have extensive social security to build
“adequate social protection for all, drawing on a basic social protection floor,
including:
Access to health care,
Income security for the elderly and persons with disabilities, Child benefits,
and
Income security combined with public employment guarantee
schemes for the unemployed and the working poor”

Declarations:
Declaration of Philadelphia (1944):
To pursue the extension of social security measures to provide a basic income
to all in need of such protection and comprehensive medical care
Thus, with the adoption of the Declaration of Philadelphia, ILO constituents
widened the mandate of the Organizationfrom the social security protection
of workers and theirfamilies to the extension of social security measures to
all those in need.

This was the first moment in history that the world community declared its
commitment to the extension of social security to all.

ILO Declaration on Social Justice for a Fair Globalization (adopted by the ILC
2008):
Recognizes that the ILO has the solemn obligation to further among the
nationsof the world programmes which will achieve the objectives of the
extension of socialsecurity measures to provide a basic income to all in need
along with all the other objectivesset out in the Declaration of Philadelphia

Preamble to the ILO Constitution (1919):

To improve conditions of labor, inter alia, through the «prevention of
unemployment, theprotection of the worker against sickness, disease, and
injury arising outof his employment, the protection of children, young
persons and women, provision for old-age and injury.

Indian Laws:
The Social Security Laws aim at providing safety to man from various
contingencies or unseen risks and which are found in all the ages and in all
the countries. Following are social security laws followed in India.

Constitution:
Preamble:
The Preamble of the Indian Constitution is the sole-repository of Social
Security measures and provides for establishment of Socialist State.
According to the Supreme Court of India, the principle aim of socialism is to
eliminate inequality of income, status and standard of the life and to provide
a decent standard of life to the working people.

The Preamble of the Constitution of India reads as under:

WE THE PEOPLE OF INDIA, having solemnly resolved to constitute
India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC
REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and opportunity; And to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity
of the nation.

Though the Preamble is not technically enforceable through courts of law, it

is useful in interpreting the various provisions of the Constitution and acts as
a beacon in conflicting situations.
These objectives can be achieved through various Directive Principle of State
Policy enumerated in Part-III of the Constitution.

Directive Principles:
Preamble’s objectives can be achieved through various Directive Principle of
State Policy enumerated in Part-III of the Constitution. They are as follows:

Article 38 is a mandate to the state to secure a social order for the promotion
of welfare of the people.
Article 38 (1) directs the State to promote the welfare of the people by
securing and protecting as efficiently as it may a social order in which justice
–social, economic and political shall inform all institutions of national life.
This is a re-affirmation of the preambular objective of securing socio-
economic and political justice.C

The 44th Amendment added clause (2) to Article 38 which directs the state to
minimize the irregularities in income, and to endeavor to eliminate
inequalities in status, facilities and opportunities not only amongst individuals
but also groups of people residing in different areas or engaged in different
vocations. This clause represents the group equality.

Article 39 provides for equal rights to adequate means of livelihood to all

citizens and distribution of wealth and material resources to sub serve
common good and prevention of concentration of wealth and means of
production etc.,
Article 39 lays down certain specific objectives. Clauses (a) (b) and (c)
particularly lay down the norms for an egalitarian operation of economic and
social system of the country. Securing of adequate means of livelihood for
citizens, preventing the concentration of economic power in few hands and
ensuring the operation of the economic system for the general good are
stated as the guiding principles. Ensuring of equal pay for equal work and
protection of health and strength of workers from abuse are some other
objectives of the Article.

Securing the right to work, education and public assistance in case of

unemployment, old age, sickness and disablement and in other cases of
undeserved want are significant measures of social security under Article 41 .
Thus, Article 41 provides for right to work, education and public assistance in
certain cases such as unemployment, old age, sickness and disablement.
Article 42 stands for providing just and human conditions of work and
maternity relief.
Article 43 deals with living wage for workers and
Article 43-A intend to secure workers participation in management of
industries.

Though these provisions are intended to bring socialistic order in the Indian
society, these provisions are not enforceable in the Courts of law, the
Supreme Court of India has declared that they are nevertheless fundamental
in the governance of the country and it is the duty of the State to apply them
in making laws.

Fundamental Rights:
The Directive Principles of State Policy and Fundamental Rights of the Indian
Constitution provide basis for many Social Security benefits. Basing on these
principles and rights, few Social Security laws are passed for the benefit of
poor, weaker and unorganized sections of society.

Fundamental Rights was also included in the Constitution which guaranteed

Right to Equality (Article 14) and Right against Exploitation (Article 23 and
24).

A separate chapter on Directive principles of State Policy incorporated in the

Constitution has embodies the fundamental principles based on social justice
concerning labour.
Right to life (Article 21) includes all the rights that are essential to main
human life in a civilized society, such as food, clothes, house, medicine and
education. The Right to work means the citizen’s right on his society to have
work according to his ability and skill with suitable minimum wages that
enable him to maintain his life in a civilized society.

Concurrent list:
Entries, 21, 22, 23, 24 and 26 of Concurrent list (List-III) authorize the State
Governments to take necessary steps for regulations and control of
Commercial and Industrial monopolies, Trade Unions, Industrial and labour
disputes, Social Security and Social Insurance, employment and
unemployment, welfare of labour etc., respectively with an intention to
ensure protection of interest of all the citizens of India.

India’s social security schemes cover the following

types of social insurance:

1. Pension
2. Health Insurance and Medical Benefits
3. Disability Benefit
4. Maternity Benefit
5. Gratuity

There are two major social security plans in India, the Employees’ Provident
Fund Organization (EPFO) and the Employees’ State Insurance Corporation
(ESIC). The EPFO runs a pension scheme and an insurance scheme.
 EMPLOYEE’S PROVIDENT FUND ORGANISATION

 EPFO is one of the World's largest Social Security Organisations in terms of clientele and the
volume of financial transactions undertaken. At present it maintains 27.74 crore accounts
(Annual Report 2021-22) pertaining to its members.
 The Employees' Provident Fund came into existence with the promulgation of the Employees'
Provident Funds Ordinance on the 15th November, 1951. It was replaced by the Employees'
Provident Funds Act, 1952. The Employees' Provident Funds Bill was introduced in the
Parliament as Bill Number 15 of the year 1952 as a Bill to provide for the institution of
provident funds for employees in factories and other establishments. The Act is now referred
as the Employees' Provident Funds & Miscellaneous Provisions Act, 1952 which extends to
the whole of India. The Act and Schemes framed there under are administered by a tri-partite
Board known as the Central Board of Trustees, Employees' Provident Fund,consisting of
representatives of Government (Both Central and State), Employers, and Employees.
 The Central Board of Trustees administers a contributory provident fund, pension scheme
and an insurance scheme for the workforce engaged in the organized sector in India. The
Board is assisted by the Employees’ PF Organization (EPFO), consisting of offices at 138
locations across the country. The Organization has a well equipped training set up where
officers and employees of the Organization as well as Representatives of the Employers and
Employees attend sessions for trainings and seminars.The EPFO is under the administrative
control of Ministry of Labour and Employment, Government of India
 The Board operates three schemes - EPF Scheme 1952, Pension Scheme 1995 (EPS) and
Insurance Scheme 1976.

1.Employees’ provident fund scheme, 1952

Employees Provident Fund Scheme (EPFS) is a long-term retirement saving scheme
managed by Employees provident fund organization (EPFO) and it is covered under the
Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.
Under EPF Scheme, an employee and employer have to pay certain percentage of equal
contribution in the provident fund account and on retirement, an employee gets a lump
sum amount of contribution made by employer and employee with interest on both.
EPF Scheme extends to the whole territory of India except the state of Jammu and
Kashmir.

What is the objective of EPF Scheme?

 EPF Scheme is implemented to help the government, public or private sector

employees financially by providing a lump sum amount on their retirement or
separation from their job by managing provident fund of them.
 It helps in providing social security to the members of the scheme.
To whom the EPF Scheme is applicable?

This scheme is applicable to every establishment in which 20 or more persons are

employed other than excluded employees and in certain cases organisation employing less
than 20 persons are also covered, subject to certain conditions and exceptions.

However, excluded employees can also become the member of EPF Scheme, if the Assistant
PF Commissioner granted permission to them.

Here, “excluded employees” means employees drawing wages exceeding INR 15,000 per
month.

What are the eligibility criteria for registration under EPF Scheme?

Every establishment in which 20 or more persons are employed other than excluded
employees shall get registered under the Scheme within one month from the date of its
applicability.

What is Universal Account Number (UAN)?

 Universal Account Number (UAN) has been made mandatory for all individuals
covered under the Employees' Provident Funds and Miscellaneous Provisions Act,
1952.
 UAN is a 12-digit number allotted by EPFO to every employee to whom EPF Scheme
is applicable.
 An employee is supposed to have a single UAN.
 The UAN will show both the PF numbers, the previous employer's as well as that of
the new employer, linked to it. The UAN, therefore, acts as an umbrella for multiple
member IDs allotted to the individual by different employers.
 It is a one-time permanent number which will remain the same throughout one's
career.
 When you join a new organisation, the first thing you should do is ask your employer
for the ‘New Form No. 11- Declaration Form’ to furnish the existing UAN. If you
don’t have one, then just give your previous PF number along with the date of exit
from your previous job.

What is Contribution under the EPF Scheme?

S.No. Number of Employees Contribution

1. More than 20 employees 12%
2. Less than 20 employees 10%
Here “percentage of contribution” is calculated on basic wages plus dearness allowance plus
retaining allowance.
What is the breakup of employers’ and employees’ contribution?

The Breakup of employers’ contribution shall be as follows

S.No. Contribution Employees’ Employees Employees Deposit

by Pension Scheme Provident Fund Linked Insurance
Scheme Scheme

1 Employer – 8.33% – 3.67 % 0.5 %

12%
2 Employee – 0 0 0
12%

What is Interest on EPF?

 Interest is an additional amount given to employees every month on contribution of

PF.
 Interest in EPF is calculated on the basis of monthly running balance on the EPF
Account.
 The EPF interest rates are declared annually by the central government.
 EPF interest rate revised for FY18-19 is 8.65%.

When an amount of PF can be withdrawn from PF Account?

As per the rules of the EPF Scheme 1952, withdrawal of PF amount can be done fully or
partially depend on the conditions as follows:

Post Retirement
When an individual retires from employment after attaining the pre- determined retirement
age i.e. 55 years, he can withdraw the entire amount of EPF which includes employer’s and
employee’s contribution along with the interest earned.
Unemployment

1. EPFO subscribers have an option to withdraw their PF in two parts;

1. 75% of fund after the completion of one month of unemployment, and

2. 25% can be transferred to a new EPF account after gaining new employment.
2. They can also withdraw their PF contribution directly after two months of
unemployment and settle the account in one go. A subscriber can withdraw full PF
amount and the interest earned over it.
3. One is also allowed to withdraw the EPS amount if the service period has been less
than 10 years and not later on.
4. The employee compulsorily gets pension benefits after retirement, if he withdraws
any time after 10 years of service.
5. After 2 months of unemployment, PF can be withdrawn fully.

What are the forms and register to be maintained under the EPF Scheme?

Forms and registers to be maintained are as follows:

S.No. Forms Description

1 Form 2 Declaration by persons already employed at the time of institution of
the Fund/Nomination
2 Form 3 / 3A Preparation of Contribution Cards
3 Form 5 Details of employees qualifying to become members of the Fund for
the first time during the preceding month
4 Form 5 Return of employees qualifying for membership
5 Form 5A Particulars of ownership by employer
6 Form 6A consolidated annual Contribution Statement
7 Form 10 Return of members leaving service during the month
8 Form 11 Declaration by person taking up employment in organization
7 Form 12A Statement of contribution
8 Form 13 Application for transfer of EPF account
9 Form 19 Form for claiming PF dues
10. Form - 20, Composite claim form in case of death
10-D,5IF
11. Form-10C For Claiming refund of employers share, withdrawal benefit, scheme
certificate
What are the duties of Employer?

Employers are responsible for the following under the EPF Scheme:

 Filing of monthly return in electronic form in ECR format on or before the due date.
 Submission of the particulars related employees joining or leaving the service and
nomination form in the prescribed form and manner.
 Submission of Aadhar card and other KYC related document of there employees who
become the member of EPF Scheme.

What are the rights of Employer?

The Employer can have the following rights under EPF Scheme:

 Ask for identity card from the visiting enforcement officer.

 Right to get the Business Number (PF Code No.) allotted for complying with the
provision of the scheme.
 Approach EPFO for seeking clarification or guidance on PF related matters.
 Avail online services for filing returns and remitting the contribution.
 Right to meet the officer in charge.
 To have at least one relationship officer in each field.

What are the duties of Employees, who are member of EPF Scheme?

Employees who are a member of the EPF Scheme are responsible for the matters as given
under;

 Submission of his/her UAN with declaration regarding membership of fund

immediately after joining an establishment to the employer.
 Submission of the nomination form for EPF to an employer in Form 2.
 Submission of Aadhar card and KYC related document correctly.

What are the rights of Employees, who are a member of EPF Scheme?

Employees who are a member of the EPF Scheme have the following rights;

 obtain claim form free of cost.

 obtain guidance in filing forms.
 right of the partial/final withdrawal from the provident fund.
 register their grievance and get it redressed within 15 days.
 right to obtain UAN from EPFO.
 right to receive a monthly payment of Pension.
 right to get transferred their accumulated fund to their new account.
What is the statutory compliance requirement on the part of the Employer?

There are certain obligations or the compliances on the part of the Employer which they are
supposed to comply to, if not, they could be subjected to certain offences or penalties
provided in the act.

Several compliances that need to be followed are

 Establishment of Board of trustees for the management of PF.

 Transfer of PF to the Board of Trustees from time to time by the 15th of each month
following the month for which the contributions are payable.
 Bear all administration expenses of the Provident Fund.
 Display on the notice board of the establishment, a copy of the rules of the funds as
approved by the appropriate authority and as and when amended thereto along with
a translation in the language of the majority of the employees.
 Settlement of claims of PF on time.

What is the redressal mechanism for grievances related to EPF?

Every employee can contact additional central PF commissioner for grievances related to PF
through the online portal by lodging complaint at www.epfigms.gov.in or offline registered
address additional central PF commissioner, EPFO, Bhavishya Nidhi Bhawan, 14 Bhikaiji
Cama Palace, New Delhi – 110066.

The authority will redress the grievance within 15 days of a complaint lodged.

What are the Offences and penalties under the EPF Scheme?

 The false representation or statement to avoid payment of PF - punishable with

imprisonment for a term which may extend to one year or with fine of Rs. 5000 or
with both.
 Contravention of the provisions related to payment of inspection/ administration
charges - punishable with imprisonment for a term which may extend to three years.
 Default in payment of employees’ contribution which has been deducted from
employees’ wages - punishable with imprisonment of not less than one year and
with fine of Rs. 10000.
 In any other cases - punishable with imprisonment of not less than 6 months and
with fine of Rs. 5000.
2. Employees’ Deposit Linked Insurance Scheme,1976

The EDLI scheme was launched in 1976 to provide insurance benefits to members of EPFO.
The main objective of EPFO behind this scheme was to ensure that the family of members
get financial assistance in case of death of the member. There is no exclusion under this
insurance scheme. The insurance cover depends on the salary drawn in the last 12 months
of the employment before death.

EDLI Contribution

The employee, as well as the employer, contribute to all three schemes run by the EPFO.
The contribution made for each scheme is as follows:

EPFO Employee’s
Employer’s Contribution
Scheme Contribution

12 % of
EPF 3.67% of Basic + DA
Basic + DA

EPS N/A 8.33 % of Basic + DA

EDLI N/A 0.5% (subject to a maximum of Rs. 75)

Salient Features of EDLI

 The insurance benefits can be availed by the family members, legal heirs or
nominees of the member.
 EPFO members are automatically enrolled for EDLI.
 An EPFO member is only covered by the EDLI scheme as long as he/she is an active
member of the EPF. His family/heirs/nominees cannot claim it after he leaves service
with an EPF registered company.
 There is no minimum service period for availing EDLI scheme benefits
 The employer has to make the EDLI contribution and no fee can be deducted from the
employee’s salary
 The claim amount under ELDI is 35 times the average monthly salary in the past 12
months subject to a maximum of 7 lakh.
 Minimum assurance benefit of Rs 2.5 lakh, if the deceased member was in continuous
employment for 12 months before his death. Moreover, the benefits are directly credited
to the bank account of legal heir/nominee.
  The average monthly salary is calculated as the Basic + Dearness Allowance of the
employee
 A bonus of Rs. 1.75 lakh is also applicable under this scheme
 The employer can opt out of the scheme in case he takes a higher-paying life insurance
scheme for employees under Section 17 (2A)

EDLI Calculation

The insurance amount that the heirs of a deceased member get is calculated as 35 times the
average monthly salary in the last 12 months of employment.

The maximum average monthly salary of an employee is capped at Rs.15,000

So, 35 times the salary comes to be around to be 35 x Rs.15,000 = Rs.5,25,000

A bonus amount of up to Rs.1,75,000 is also paid to the claimant under this scheme

Thus, the total amount payable under this scheme to the beneficiary is Rs.k. /7,00,000

EDLI Form 5 IF

EDLI Form 5 IF is filled by the nominees, heirs or family members of the member after his
death to claim the insurance amount under EDLI Scheme. The EDLI claim form has to be
filled separately by each claimant. In case of a minor claimant, the guardian has to fill the
form on his behalf. In case of more than one minor where the guardian is the same, a single
form has to be filled by the guardian.

The form has to be filled offline and the employer has to furnish the certificate mentioning
the date of death of the member. The mode of fund transfer has to be mentioned as well.

The EDLI claim form has to be submitted to the regional EPF Commissioner’s office along
with the required document proofs. The claim has to be settled in 30 days and if the EPF
commissioner is not able to settle the claim within 30 days, he will be liable to pay an
interest of 12% per annum from the deadline date to the date of actual disbursal.

How to Claim EDLI Benefits

 Form 5 IF has to be filled to get the insurance benefits after the death of the
member
 The member should have been (at the time of his death), an active contributor to
the EPF scheme
  The benefits can be claimed by the nominee of the member
 In case no nominee is declared, the surviving family members will be eligible for
claiming the benefits. Family under EPS is defined as spouse, male children (up to 25
years), unmarried daughters.
 If there are no surviving family members, the insurance benefits can be claimed by
the legal heir of the deceased member
 The claim form has to be signed and certified by the employer
 In case there is no employer, the form has to be attested by any one of the
following:
o Gazetted Officer
o Magistrate
o President of Village Panchayat
o Chairman / Secretary / Member of Municipal or District Local Board
o Postmaster or Sub Postmaster
o MP or MLA
o Member of CBT or Regional Committee of EPF
o Bank Manager (of the bank in which the account was maintained)
 Form 5 IF can be filled along with Form 20 (EPF withdrawal claim in case of the
deceased member) and Form 10C/Form10D to claim benefits of all three schemes
(EPF, EPS and EDLI) in one go.

3.Employees’ Pension Scheme, 1995

What is Employees’ Pension Scheme

Employees’ Pension Scheme is a social security scheme provided by the Employees’

Provident Fund Organisation (EPFO). The scheme makes provisions for employees working
in the organized sector for a pension after their retirement at the age of 58 years. However,
the benefits of the scheme can be availed only if the employee has provided a service for at
least 10 years (this does not have to be continuous service). Existing as well as new EPF
members can join the EPF scheme.

Both the employer and employee contribute 12% each of the employee’s pay towards EPF.
However, the employee’s entire share is contributed towards EPF, 8.33% of the employer’s
share goes towards the Employees’ Pension Scheme (EPS) and 3.67% goes towards EPF
contribution every month.
Eligibility Criteria

In order to be eligible for availing benefits under the Employees’ Pension Scheme (EPS), an
individual has to fulfil the following criteria:

 He should be a member of EPFO

 He should have completed 10 years of service
 He has reached the age of 58
 He can also withdraw his EPS at a reduced rate from the age of 50 years
 He can also defer his pension for two years (up to 60 years of age) after which he will
get a pension at an additional rate of 4% for each year

How to Calculate Your Pension Under EPS

The pension amount in PF depends on the pensionable salary of the member and the
pensionable service. The member’s monthly pension amount is calculated as per the
following EPS formula or the EPF pension calculation formula:

Member’s Monthly Pension = Pensionable salary X Pensionable service / 70

a) Pensionable Salary

Pensionable salary is the average monthly salary in the last 60 months before the member
exits the Employees’ Pension Scheme.

If there are non-contributory periods in the last 60 months of the employment, the non-
contributory days in the month will not be considered and the benefit of those days would
be given to the employee. Let us assume that the person takes up the job on 3rd of the
month then his salary of 28 days will be divided as per each day’s pay and then multiplied
with 30 to calculate the total monthly wage for the month.

b) Pensionable Service

The actual service period of the member is considered as the pensionable service. Service
periods under different employers are added at the time of calculating the pensionable
service period. The employee has to get the EPS Scheme Certificate issued and submit it to
the new employer every time he switches a job.
It is worth mentioning that the employee gets a bonus of 2 years after completing 20 years
of service.

If the member withdraws the EPS corpus before completing the service period of 10 years
and joins another company, he will have to start afresh for contributing to the EPS account
and the service period will also be set as zero at the start.

The pensionable service period is considered on a 6 months basis. The minimum

pensionable service period is 6 months. If the service period is 8 years 2 months, the
pensionable service period considered is 8 years. However, if the service duration is 8 years
and 10 months, the pensionable service period is taken as 9 years.

Pension Benefits under Employees’ Pension Scheme (EPS)

All eligible members of EPFO can avail pension benefits as per their age from when they
start withdrawing the pension. The pension amount is different in different cases.

1) Pension on Retirement at the Age of 58 Years

A member becomes eligible for pension benefits once he retires at the age of 58 years.
However, it is mandatory for him to provide service for a period of at least 10 years when he
turns 58 for availing pension benefits. An EPS Scheme Certificate is generated which can be
used to fill Form 10D for withdrawing the monthly pension.

2) Pension on Leaving Service before Becoming Eligible for Monthly Pension

In case a member is not able to remain in service for 10 years before attaining the age of 58
years, he can withdraw the complete sum at the age of 58 years by filling Form 10C. It is
worth mentioning here that he will not get the monthly pension benefits after retirement.

3) Pension on Total Disablement during the Service

A member of the EPFO, who becomes disabled totally and permanently, is entitled to a
monthly pension irrespective of the fact that he has not served the pensionable service
period. His employer has to deposit funds in his EPS account for at least one month to be
eligible for the pension.

The member becomes eligible for the monthly pension from the date of permanent
disablement and is payable for his lifetime. However, the member may have to undergo a
medical examination to check whether he is unfit for the job that he was doing before
becoming disabled.
4) Pension for the Family on the Death of the Member

A member’s family becomes eligible for the pension benefits in the following cases:

 In case of death of the member while in service and the employer has deposited
funds in his EPS account for at least one month
 In case the member has completed 10 years of service and dies before attaining 58
years of age
 In case of death of the member after the commencement of the monthly pension.

Types of Pensions under Employees’ Pension Scheme

There are different types of pensions under EPS such as pensions for widows, children and
orphans. These pensions provide an income to the family member of the EPF subscriber.

1) Widow Pension

Widow pension or vridha pension is applicable to the widow of the member eligible for a
pension. The pension amount will be payable until the death of the widow or her
remarriage. In case of more than one widow, the pension amount will be payable to the
eldest widow.

2) Child Pension

In case of death of the member, monthly children pension is applicable for the surviving
children in the family in addition to the monthly widow pension. The monthly pension will
be paid till the child attains the age of 25 years. The amount payable is 25% of the widow
pension and can be paid to a maximum of two children.

3) Orphan Pension

In case the member dies and has no surviving widow, his children will be entitled to get the
monthly orphan pension of 75% of the value of monthly widow pension. The benefit will be
applicable for two surviving children from oldest to youngest.

4) Reduced Pension

A member of the EPFO can withdraw an early pension if he has completed 10 years of
service and has reached the age of 50 years but is less than 58 years. In this case, the
pension amount is slashed at a rate of 4% for every year the age is less than 58 years
Pension Forms

A member or the survivors of the EPFO member have to fill the following forms to avail
Employees’ Pension Scheme (EPS) benefits :

EPS Form Applicant Purpose of the Form

 Withdrawal before 10 years of service

Form 10C Member
 EPS Scheme Certificate

 Monthly pension withdrawal after 50 years of age

Form 10D Member
 Monthly widow pension, child pension, etc.

Pensioner/  The pensioner signs a form certifying that he/she is alive.

Life
 To be submitted every year in November to the bank manager
Certificate Guardian
where the pension account is active
GOVERNMENT HEALTH SCHEMES
A Government Health Insurance Scheme is a State or Central Government powered health
insurance initiative for its citizens. It is directed towards enhancing the healthcare
quotient of the region by offering low-priced insurance policies with a sizable sum
insured.

LIST OF GOVERNMENT HEALTH SECTOR SCHEMES

1) Ayushman Bharat:
This scheme came into existence because of recommendations made by the National Health
Policy. Ayushman Bharat Yojana is designed keeping in mind Universal Health Coverage
(UHC). Health services in India are largely segmented and Ayushman Bharat aims to make
them comprehensive. It is about looking at the health sector as a whole and ensure
continuous care for the people of India.

There are two components related to Ayushman Bharat: Health and Wellness Centres
(HWC) and Pradhan Mantri Jan Arogya Yojana (PM-JAY). 150000 HWCs have been created in
order to ensure better healthcare for the people. These HWCs are transformed versions of
earlier initiatives like Sub Centres and Primary Health Centres. The PM-JAY is a health
insurance scheme for the poor. It offers a health cover of Rs. 5 lakhs per family on an annual
basis, and the payable premium is Rs. 30.

2) Awaz Health Insurance Scheme:

This is a health insurance cover for migrant workers and is initiated by the Government of
Kerala. It also offers insurance for death by accident for labourers. The scheme was
launched in the year 2017 and targeted 5 lakh inter-state migrant labourers working in
Kerala. The health insurance coverage offered under Awaz Health Insurance is Rs.15000,
while the cover for death is Rs.2 lakh.

This policy can be obtained by labourers falling in the age group of 18 to 60. They shall be
provided with an Awaz Health Insurance card, post submitting and processing of enrolment
details pertaining to biometric information and other work-related documents.

3) Aam Aadmi Bima Yojana:

The Aam Aadmi Bima Yojana (AABY) is meant for people involved in certain vocations such
as Carpentry, Fishing, Handloom weaving, etc. There are 48 such defined vocations. Before
2013, there were two policies of similar nature, AABY and Janashree Bima Yojana (JBY).
After 2013, JBY was merged with AABY.
The premium for a Rs.30000 insurance policy is Rs. 200 for a year. The eligibility criteria for
this policy is that one should be a family head or an earning member of one’s family (around
the poverty line) and should be performing one of the 48 mentioned vocations.

4) Bhamashah Swasthya Bima Yojana:

The Rajasthan Government supports insurance initiatives towards its citizens under the
Bhamashah Swasthya Bima Yojana. This is a cashless claims scheme for rural people of
Rajasthan. There is no prescribed age limit for availing the benefits of this scheme.

Those who are a part of the National Food Security Act (NFSA) and the Rashtriya Swasthya
Bima Yojana (RSBY) are also qualified for this insurance policy. This scheme covers
hospitalization expenses for general illness as well as critical illnesses as per the terms and
conditions. It covers both in-patient as well as out-patient expenses.

5) Central Government Health Scheme (CGHS):

As the name suggests, this policy is initiated by India’s Central Government. Central
Government employees are eligible for this policy. For example, Supreme Court judges,
Certain Railway Board employees, etc. This policy has been active for six decades and has
covered more than 35 lakh employees and pensioners.

Hospitalisation,, as well as domiciliary care, are covered as per this plan’s terms and
conditions. The Central Government Health Insurance Scheme covers Allopathy and
Homeopathy as well. It is available in 71 cities and the plan is to expand the scope to more
areas.

6) Chief Minister’s Comprehensive Insurance Scheme:

This is a state government scheme. It is promoted by the Tamil Nadu Government in
association with United India Insurance Company Ltd. The Chief Minister’s Comprehensive
Insurance Scheme is a family floater plan designed for quality health care.

One can claim for hospitalisation expenses up to Rs. 5 lakhs under this policy. Select
government and private hospitals are a part of this scheme. People residing in Tamil Nadu
earning less than Rs. 75000 annually are eligible for this scheme. More than a thousand
procedures are covered under the Chief Minister’s Comprehensive Insurance Scheme.

7) Employees’ State Insurance Scheme:

A huge number of people worked in factories post-independence in India. The working

conditions were such that there were injuries and deaths as well. This is where the concept
of insurance proved beneficial. Employees’ State Insurance Scheme was launched in 1952 to
offer a financial cover in case of illness, disability or death faced by insured
workers/employees.
Initially, only Kanpur and Delhi were considered, but the scope of the scheme expanded
with time. This policy got an upgrade in the year 2015. Now, more than 7 lakh factories are a
part of this scheme.

8) Karunya Health Scheme:

Kerala Government had launched this initiative in the year 2012. Karunya Health Scheme is
directed towards providing Health Insurance for listed chronic illnesses. It is a Critical Illness
plan for the poor and covers major diseases such as Cancer, Kidney Ailments, Heart-related
medical issues, etc.

Those below or near the poverty line can enrol themselves for this cover. Aadhaar Card and
appropriate Income Certificate are needed for this scheme. There were rumours that this
scheme has been abolished, however, they were just rumours as this scheme is still active.

9) Mahatma Jyotiba Phule Jan Arogya Yojana:

This policy is initiated by the Government of Maharashtra, for the betterment of its
downtrodden people. Rajiv Gandhi Jeevandayee Arogya Yojana was renamed as Mahatma
Jyotiba Phule Jan Arogya Yojana in the year 2017.

Farmers from select districts and people below and around the poverty line across all
districts are eligible for this scheme. It is a family cover with a benefit of Rs. 150000. The
diseases mentioned as inclusions in the scheme shall be covered from day one, without any
waiting period unless specified.

10) Mukhyamantri Amrutum Yojana:

The Government of Gujarat launched the Mukhyamantri Amrutum Yojana in the year 2012
for the benefit of the state’s poor people. Lower middle-class families and those living below
the poverty line are eligible for this cover.

This scheme offers a cover of Rs. 3 lakhs for a year on a family floater basis. Treatment can
be availed in different types of hospitals such as public hospitals, private hospitals, trust-
based hospitals, Grant-in-Aid hospitals, etc.

11) Pradhan Mantri Suraksha Bima Yojana:

This scheme came into existence to offer accident insurance to the people of India. In 2016,
it was observed that only 20% of the Indian citizens had an insurance cover.
However, Pradhan Mantri Suraksha Bima Yojana aspires to change this statistic in a positive
manner.

People aged 18 to 70 and having a bank account can avail of the benefits of this scheme.
This policy offers an annual cover of Rs. 1 lakh for partial disability and Rs. 2 lakhs for total
disability/death for a premium of Rs. 12. The premium gets debited automatically from the
insured person’s bank account.
 12) Dr YSR Aarogyasri Health Care Trust Andhra Pradesh State Government:

The Andhra Pradesh Government along with the Dr YSR Aarogyasri Trust, which works for
health care, has come up with four beneficial welfare schemes. These schemes cater to
different people and assist them in time of need.

Here are the four schemes:

1. Dr YSR Aarogyasri – This scheme is dedicated to the welfare of the poor.

2. Aarogya Raksha – This scheme is designed to benefit people Above Poverty Line (APL).
3. Working Journalist Health Scheme – This scheme is for journalists and it offers cashless
treatment in case of listed procedures.
4. Employee Health Scheme – This scheme is for the benefit of state government employees.

13) Telangana State Government – Employees and Journalists Health Scheme:

This health scheme is offered by the Telangana Government for its employees and
journalists. It is beneficial for those who are currently working as well as those who have
retired and are pensioners. The highlight of this scheme is the cashless treatment.

Beneficiaries can approach hospitals that are a part of this scheme and avail cashless
treatment for certain treatments as per the terms and conditions. This helps the
beneficiaries as they do not have to rush to gather funds for medical expenses in an
emergency.

14) Rashtriya Swasthya Bima Yojana:

This scheme is directed towards people working in the unorganised sector. Often, they are
not covered under any insurance policy. And in such a scenario, if they fall ill – which
happens frequently – their savings get exhausted. Thus, they are never able to ensure they
have savings in the bank. This is where health insurance can prove helpful to them.

Rashtriya Swasthya Bima Yojana is initiated by the Indian Government’s Ministry of Labour
and Employment. Individual workers in the unorganised sector and below the poverty line
are covered under this scheme. The cover also extends to their family (maximum of five
members).

15) Universal Health Insurance Scheme:

Globally, a lot of developed and developing nations have some sort of health care schemes
for the benefit of their poor people. In India, the Universal Health Insurance Scheme aspires
to do that and much more. This scheme can be availed by the poorest of the poor in the age
group of 5 to 70 years.
Universal Health Insurance Scheme offers individual as well as group health insurance. It
covers hospitalisation, accident, and disability. The premium varies as per the size of the
family. Those falling under the poverty line need to show proper documentation to avail the
policy.

16) Yeshasvini Health Insurance Scheme:

The Yeshasvini Health Insurance Scheme is promoted by the Karnataka State Government. It
is meant for farmers and peasants associated with a co-operative society. More than 800
procedures (Orthopaedic, Neurology, Angioplasty, etc.) are covered as per this insurance
policy.

Co-operative societies help the peasants and farmers to get enrolled in the Yeshasvini
Health Insurance Scheme. The beneficiaries can avail health care through network hospitals.
The scheme extends its benefits to the family members of the main beneficiary as well.

17) West Bengal Health Scheme:

This scheme was launched by the Government of West Bengal for its employees in the year
2008. It is also applicable for pensioners. It received an update in the year 2014 and was
called West Bengal Health for All Employees and Pensioners Cashless Medical Treatment
Scheme.

This cover is for an individual as well as the family members and the sum insured is Rs. 1
lakh. The policy covers OPD and surgeries as per the terms and conditions. Its exceptions
include cosmetic surgeries and non-emergency procedures.
Social Security Schemes

What are Social Security Schemes?

Social security schemes are governmental programs designed to provide financial and social
assistance to individuals and families who are unable to fully support themselves due to various
reasons such as age, disability, unemployment, or loss of a family member. These schemes aim
to ensure that basic needs are met and that individuals have access to healthcare, education,
and other essential services. They play a crucial role in promoting social welfare and reducing
poverty.

Pradhan Mantri Shram Yogi Maan-Dhan Yojana (PM-SYM)

This voluntary and contributory pension scheme caters to unorganized sector workers aged
between 18 and 40 years. Participants make a monthly contribution ranging from Rs. 55 to
Rs. 200, depending on their age of entry, and the government contributes an equal amount.
Upon reaching the age of 60, subscribers receive a monthly pension of Rs. 3,000.

National Health Insurance Scheme (NHIS)

This scheme provides health insurance coverage to workers in the organized sector. The
scheme covers hospitalization, outpatient care, and other medical expenses.

Indira Gandhi National Old Age Pension Scheme (IGNOAPS)

This scheme provides financial support to eligible elderly individuals above the age of 60
years from below-poverty-line households. The pension amount varies depending on the
state of residence, ranging from Rs. 200 to Rs. 500 per month.

Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY)

 Scheme: PMJJBY is a one-year life insurance scheme renewable from year to

year offering coverage for death due to any reason.
 Eligibility: Individuals in the age group of 18-50 years having a savings bank or a
post office account are entitled to enrol under the scheme. People who join the
scheme before completing 50 years of age can continue to have the risk of life
covered up to the age of 55 years upon payment of the premium.
 Benefits: Life cover of Rs. 2 Lakh in case of death due to any reason against a
premium of Rs. 330/- per annum.
 Enrolment:
o Enrolments under the scheme can be done by visiting the branch/ BC
point or website of the bank of the account holder or at the post office
in case of a post office savings bank account.
 o The premium under the scheme is auto-debited every year from the
subscriber’s bank account based on a one-time mandate from the
account holder.
 Achievements: Under PMJJBY, a cumulative number of 12.76 crore persons have
enrolled since inception for life cover and families of 5,76,121 persons have
received claims for Rs. 11,522 crores under the scheme.

Pradhan Mantri Suraksha Bima Yojana (PMSBY)

 Scheme: PMSBY is a one-year accidental insurance scheme renewable from year

to year offering coverage for death or disability due to accident.
 Eligibility: Individuals in the age group of 18-70 years having a savings bank or a
post office account are entitled to enrol under the scheme.
 Benefits: Accidental death cum disability cover of Rs.2 lakh (Rs.1 lakh in case of
partial disability) for death or disability due to an accident.
 Enrolment:
o Enrolment under the scheme can be done by visiting the branch/ BC
point or website of the bank of the account holder or at the post office
in case of a post office savings bank account.
o The premium under the scheme is auto-debited every year from the
subscriber’s bank account based on a one-time mandate from the
account holder.
 Achievements: 28.37 crore people have enrolled for accident cover since the
launch of PMSBY and a number of Rs 1,930 crore has been paid towards 97,227
claims.

Atal Pension Yojana (APY)

 It is an initiative of the Government to provide financial security and cover future

exigencies for the people in the unorganised sector.
 APY is administered by Pension Fund Regulatory and Development Authority
(PFRDA) under the overall administrative and institutional architecture of the
National Pension System (NPS).
 Eligibility: APY is open to all bank account holders in the age group of 18 to 40
years and the contributions differ, based on the pension amount chosen.
 Benefits: Subscribers would receive the guaranteed minimum monthly pension
of Rs. 1000 or Rs. 2000 or Rs. 3000 or Rs. 4000 or Rs. 5000 at the age of 60 years,
based on the contributions made by the subscriber after joining the scheme.
 Disbursement of the Scheme Benefits:
 o The monthly pension is available to the subscriber, and after him to his
spouse and after their death, the pension corpus, as accumulated at
age 60 of the subscriber, would be returned to the nominee of the
subscriber.
o In case of premature death of subscriber (death before 60 years of
age), spouse of the subscriber can continue contributing to APY
account of the subscriber, for the remaining vesting period, till the
original subscriber would have attained the age of 60 years.
 Payment frequency: Subscribers can make contributions to APY on a
monthly/quarterly/half-yearly basis.
 Withdrawal from the Scheme: Subscribers can voluntarily exit from APY subject
to certain conditions, on deduction of Government co-contribution and
return/interest thereon.
 Achievements: More than 4 crore people have already subscribed to the APY
scheme.

Pradhan Mantri Kisan Samman Nidhi (PM-KISAN) Yojana

Under the scheme, the government has promised a direct payment of Rs. 6000 in three
equal instalments of Rs. 2000 each every four months into the Aadhar bank accounts of
eligible landholding Small and Marginal Farmers (SMFs) families.

PM Kisan Mandhan Yojana

 Under the scheme, farmers between 18 and 40 years of age will get Rs 3,000
monthly pension after reaching 60.
 All small and marginal farmers (with less than 2 hectares) who are currently between
18 to 40 years can apply for the scheme.
 Life Insurance of India (LIC) has been appointed insurer for this scheme.
 The farmers will have to make a monthly contribution of Rs 55-200, depending on
the age of entry, in the pension fund till they reach the retirement date.
 The enrolment for the voluntary scheme is being done through the Common Service
Centres (CSCs) located across the country.
 No fee is charged for registration under the scheme.
 The Centre pays Rs.30 to CSC for every enrolment to ensure that the scheme
witnesses maximum coverage.
 Pradhan Mantri Laghu Vyapari Mandhan Yojana, 2019

 The new scheme that offers pension coverage to the trading community was
launched from Jharkhand.
 Under the scheme, all shopkeepers, retail traders and self-employed persons are
assured a minimum monthly pension of Rs. 3,000/- month after attaining the age of
60 years.
 All small shopkeepers and self-employed persons as well as retail traders with GST
turnover below Rs. 1.5 crore and age between 18-40 years, can enrol for this
scheme.
 The scheme would benefit more than 3 crore, small shopkeepers and traders.
 The scheme is based on self-declaration as no documents are required except
Aadhaar and a bank account.
 Interested persons can enrol through CSCs across the country.
 To be eligible, the applicants should not be covered under the National Pension
Scheme, Employees’ State Insurance Scheme and the Employees’ Provident Fund or
be an Income Tax assesses.
 The Central Government will make a matching contribution (the same amount as the
subscriber contribution) i.e. equal amount as a subsidy into the subscriber’s pension
account every month.
 Five crore traders are expected to join the scheme in the next three years.

Pradhan Mantri Jeevan Jyoti Yojana (PMJJBY)

Eligibility

 Should be an Indian Citizen

 In the age group 18 to 50 years
 Having Jandhan or saving bank account with Aadhaar.
 Auto-debit from bank account on consent

Benefits

 Rs.2 lakh on death due to any cause

 Premium @ Rs.436/- year
 PDS
Eligibility

 Should be an Indian citizen

 All families below the poverty line is eligible.
 Any family which does not have a member between ages 15 and 59 years of age.
 Any family which has a disabled member is also eligible to avail of benefits under Pradhan
Mantri Awas Gramin Yojana
 Those who do not have a permanent job and only engage in casual labour.

Benefits

 35 kg of rice or wheat every month, while a household above the poverty line is entitled to
15 kg of food grain on a monthly basis.
 Being implemented as ONORC to enable migrant workers to receive the food grains
wherever they are working.

Pradhan Mantri Awaas Yojana – Gramin (PMAY-G)

Eligibility

 Should be an Indian citizen

 Any family including workers, which does not have a member between ages 15 and 59 years
of age.
 Any family which has a disabled member is also eligible to avail of benefits under Pradhan
Mantri Awas Gramin Yojana
 Those who do not have a permanent job and only engaged in casual labour.

Benefits

 Assistance provided to the Beneficiary to the tune of 1.2 Lakhs in plain areas and 1.3 Lakhs
in Hilly Areas.
 National Social Assistance Programme (NSAP) -Old age Protection

Eligibility

 Should be an Indian citizen

 Any person who has little or no regular means of subsistence from his/her own source of
income or through financial support from family members or other sources.

Benefits

 Central Contribution @ Rs 300 to Rs 500 for different age group.

 Monthly pension ranges from Rs 1000 to rs 3000/ depending upon state’s contribution.

Ayushman Bharat-Pradhan Mantri Jan Arogya Yojana (AB-PMJAY)

Eligibility

 Those living in scheduled caste and scheduled tribe households.

 Families with no male member aged 16 to 59 years.
 Beggars and those surviving on alms

Benefits

 Health coverage of Rs. 5 lakhs per family per year for secondary and tertiary care
hospitalization free of cost.

Health Insurance Scheme for Weavers (HIS)

Eligibility

 Should be an Indian Citizen

 The weaver should be earning at least 50% of his income from handloom weaving
 All weavers, whether male or female, are eligible to be covered under the “Health Insurance
Scheme”
 Benefits

 The beneficiaries would avail a package of Rs 15,000 that includes both pre-existing diseases
and new diseases. The division in terms of disbursement of the amount according to the
medical conditions stands as- Maternity benefits (per child for the first two)- Rs 2500, Eye
treatment – Rs.75, Spectacles – Rs.250, Domiciliary Hospitalisation- Rs 4000,
Ayurvedic/Unnani/Homeopathic/Siddha- Rs 4000, Hospitalization (including pre and post)-
Rs 15000, Baby coverage-500, OPD and limit per illness- Rs 7500.

National Safai Karamcharis Finance and Development Corporation (NSKFDC)

Eligibility

 Should be an Indian Citizen

 People involved as Safai karmacharis and manual scavengers
Benefits

 Scheme provides financial assistance to the Safai Karamcharis, Manual Scavengers and their
dependants through SCAs/RRBs/Nationalized Banks for any viable income generating
schemes including sanitation related activities and for education in India and Abroad.

Self Employment Scheme for Rehabilitation of Manual Scavengers

Eligibility

 Should be an Indian Citizen

 Identified manual scavengers, one from each family, (as defined in para 2.3.1) would be
eligible for One Time Cash Assistance (OTCA) of Rs. 40,000/- or any such amount as OTCA as
revised from time to time.

Benefits

 The manual scavenger and the dependents (as defined in para 2.3.2) shall be provided, free
of cost, skill training of their choice from the list of such trainings organized by the National
Safai Karmacharis Finance and Development Corporation (NSKFDC) from time to time . A
monthly stipend of Rs. 3000/-(Rupees three thousand only) or any such amount as may be
decided from time to time to shall be remitted by NSKFDC
 MGNREGA
Eligibility

 Should be an Indian Citizen

 Any person who is above the age of 18 and resides in rural areas is entitled to apply for work

Benefits

 Any applicant is entitled to work within 15 days, for as many as he/she has applied, subject
to a limit of 100 days per household per year.
 Wage rate (220) has been increased and to be incorporated.
WORLD SOCIAL PROTECTION REPORT

International Labour Organization report titled ‘World Social Protection Report 2020–
22’ has revealed that, globally 4.1 billion people are living without any social safety net of
any kind.

 The report highlighted that the pandemic response was uneven and insufficient.
Thereby, Covid-19 has further underscored the critical importance of
achieving universal social protection.
 ILO is a specialized agency of the United Nations. It is the only tripartite UN agency. It
brings together governments, employers and workers of 187 member States, to set
labour standards, develop policies and devise programmes promoting decent work for
all women and men.
Highlights of the Report:

 Global Population with Social Protection: In 2020, only 46.9% of the global
population benefitted from at least one protection under the ambit of social
security.
 Challenges Put Forward by Covid-19 Pandemic: Pervasive challenges such as high
levels of economic insecurity, persistent poverty, rising inequality, extensive
informality and a fragile social contract have been exacerbated by Covid-19.
 Persisting Inequalities: There are significant regional inequalities in social
protection, with Europe and Central Asia having the highest rates of coverage -
84% of people are covered by at least one benefit.

 The Americas are also above the global average, with 64.3%,
while Asia and the Pacific (44%), the Arab States (40%), and Africa
(17.4%) have marked coverage gaps.
 Disparity in Social Security Expenditure: Countries spend on average 12.9% of
their GDP on social protection (excluding health), but this figure masks staggering
variations.

 High-income countries spend on average 16.4%, upper-middle-

income countries 8%, lower-middle income countries 2.5%, and
low-income countries 1.1%.
 Limited Protection to Women, Children And Disabled Peoples: Globally, the vast
majority of children still have no effective social protection coverage – only one in
four children (26.4%) receives a social protection benefit.

 Just 45% of women with newborns receive a cash maternity

benefit.
  Only one in three people with severe disabilities (33.5%)
worldwide receive a disability benefit.
 Limited Unemployment Protection: A mere 18.6% of unemployed workers
worldwide have effective coverage for unemployment and thus actually receive
unemployment benefits.

 This remains the least developed branch of social protection.

 Barriers to Accessing Healthcare: Significant progress has been made in
increasing population coverage. However, barriers to accessing healthcare remain
in the form of:

 Out-of-pocket payments on health services, Physical distance,

Quality and acceptability of health services, Long waiting times,
Opportunity costs such as lost working time, etc.
GLOBAL GENDER GAP REPORT

 India has been ranked 127 out of 146 countries in the latest Global Gender Gap
report released by the World Economic Forum (WEF). India’s overall score did
improve in 2023 by 1.4 percentage points and eight positions compared to the 2022
report.

Global Gender Gap Index

There are four dimensions based on which the Global Gender Index evaluates the
performance of the countries:

1. Economic Participation & Opportunity

2. Education Attainment
3. Health and Survival
4. Political Empowerment

Key Highlights of the Global Gender Gap Report 2023

India has achieved an overall rank of 127 out of the 146 countries in the 2023 edition of the
report.

 India has closed 64.3% of the overall gender gap.

 But, the country has reached only 36.7 % parity in economic participation and
opportunity.
 India’s neighbouring countries’ ranks:
 Pakistan – 142
 Sri Lanka – 115
 Bangladesh – 59
 China – 107
 Bhutan – 103
 Nepal – 116
 The most gender-equal country in the world is Iceland having been in the first rank
for 14 consecutive years. It is the only country to have closed more than 90% of its
gender gap.
 While India has seen improvement in wages and income, the share of women in
senior positions and technical roles has dropped slightly since the 2022 report.
 The political empowerment of women in India has seen good improvement. India
has achieved a parity of 25.3% with 15.1% of parliamentarians.
  In local governance, India has achieved women’s representation of 44.4%. It is one of
18 countries to have more than 40% women’s representation in local governance
out of the 117 countries with available data since 2017.
 For India, the 1.9 percentage point improvement in the sex ratio at birth had driven
up parity after more than a decade of slow progress, as per the report.
 According to the report, the comparatively low overall rankings on the Health and
Survival sub-index for countries India, Vietnam, China and Azerbaijan are explained
by skewed sex ratios at birth.
 Globally, the gender gap closed is at 68.4%, an improvement of 0.3% points since the
last edition.
 No country has yet achieved full gender parity, although the top nine countries
(Iceland, Norway, Finland, New Zealand, Sweden, Germany, Nicaragua, Namibia and
Lithuania) have closed at least 80% of their gap.
 For the 146 countries covered in the 2023 index, the Health and Survival gender gap
has closed by 96%, the Educational Attainment gap by 95.2%, Economic Participation
and Opportunity gap by 60.1%, and Political Empowerment gap by 22.1%.
Way Ahead

Gender-positive recovery policies can help meet these challenges:

1. The investment should be increased in the care sector. The similar increase should
be into equitable access to care leave for both genders.
2. National government should come forward with policies that arrest occupational
segregation by gender.
3. To attain more gender-equal future of work, nations have to come up with effective
mid-career reskilling policies, combined with managerial practices, which embed
sound, unbiased hiring and promotion practices
Legislations for Social Security in India

 The Code on Social Security, 2020: This is a comprehensive law that consolidates and
simplifies nine previous laws related to social security. It covers employees in both the
organized and unorganized sectors, and provides for retirement pension, provident
fund, life and disability insurance, healthcare and unemployment benefits, sick pay and
leaves, and paid parental leaves.
 The Employees’ Provident Fund Organisation (EPFO): This is a statutory body that
administers the Employees’ Provident Fund Scheme, the Employees’ Pension Scheme,
and the Employees’ Deposit Linked Insurance Scheme. These schemes provide
retirement pension, provident fund, and life and disability insurance to employees in
the organized sector.
 The Employees’ State Insurance (ESI): This is a self-financing social security scheme
that provides medical care and cash benefits to employees in case of sickness,
maternity, disability, and unemployment. It covers employees in the organized sector
who earn less than a certain threshold.
 The National Pension System (NPS): This is a voluntary, defined contribution pension
scheme that allows individuals to save for their retirement. It is open to all citizens of
India, including those working in the unorganized sector. It offers multiple investment
options and tax benefits.
 The National Social Assistance Programme (NSAP): The NSAP is a social security and
welfare programme that provides support to aged persons, widows, disabled persons
and bereaved families on death of the primary breadwinner, belonging to below
poverty line households.
Various labours law :

 As per the Central Government, before the new labour codes were passed, there
were more than 40 central laws and more than 100 state laws on labour and related
matters.
 The Second National Commission on Labour (2002) recommended that the central
labour laws should be integrated into groups like:
 Industrial relations
 Wages
 Social security
 Safety
 Welfare and working conditions
 This was recommended by the Commission because the existing labour laws were
archaic, complex and had inconsistent definitions. The Commission suggested
simplification of the labour codes for the sake of transparency and uniformity.
In 2019, the Central Government introduced four bills on labour codes to consolidate 29
central laws. These are:

1. Code on Wages
2. Industrial Relations Code
3. Social Security Code
4. Occupational Safety, Health and Working Conditions Code
While the Wages Code was passed in 2019, the other three bills were referred to a Standing
Committee on Labour. As per the recommendations of the Committee, the government
replaced these bills with new ones in September 2020, and these were passed in the same
month.

The Rules for all the four labour code bills would be notified in one go according to the
Labour Ministry. Hence, even though the draft Rules for the Wages Code had been
circulated in 2019 itself, the Ministry withheld its finalisation and implementation.

Code on Wages, 2019

The Code on Wages Bill was passed by the Parliament in 2019.

 The Wages Code seeks to regulate wage and bonus payments in all employments
where any industry, business, trade or manufacture is carried out.
 This code replaces the following laws:
 Minimum Wages Act, 1948
 Payment of Wages Act, 1936
 Payment of Bonus Act, 1965
 Equal Remuneration Act, 1976
 Coverage of the Code on Wages:
 The code will apply to all employees.
 The Central Government will take decisions on wages for employments in
mines, railways, oil fields, etc.
 For all other types, the state governments will make the decisions.
 Wages include salary, allowance or any other monetary component. It does not
include bonuses and travelling allowances.
 Floor wage
 As per the code, the Central Government will fix the floor wages considering
the workers’ living standards.
  The floor wage may vary depending on the geographical location.
 The minimum wages decided by the central or state governments should be above
the floor wages. In case the existing minimum wages are higher than the floor
wages, the central or state governments cannot reduce the minimum wages.
 While fixing the minimum wages, the government should take into account the
difficulty level of the work, and the workers’ skill levels also.
 Also, the minimum wage fixed will be reviewed by the government at least every five
years.
 Employers cannot employ people on less than the minimum wage.
 The number of working hours will be fixed by the central or state governments. In
the case of overtime work, the worker is entitled to overtime compensation which
should be at least twice the normal wages.
 The employer can fix the wage period as either daily, weekly, fortnightly, or monthly.
 The employer can deduct wages for the following. However, the deductions should
not exceed 50% of the worker’s wages.
 Fines
 Absence from duty
 Accommodation given by the employer
 Advances given to the employee
 All employees whose wages do not exceed a specific monthly amount will be entitled
to an annual bonus.
 The Code prohibits gender discrimination in wages and recruitment of people for the
same work or work of similar nature.
 Work of a similar nature is defined as work for which the skill, effort,
experience, and responsibility required are the same.
 Advisory boards
 Advisory boards will be set up by the central and state governments. These
boards will consist of an equal number of employees and employers, state
government representatives and independent persons.
 One-third of the boards will be women members.
 These boards will advise the governments on minimum wage fixing and
increasing the employment opportunities for women.
 The Code specifies penalties for offences committed by an employer.
 Contravention of any provision of the Code
 Paying less than the minimum wage
 The maximum punishment is three-month imprisonment along with a fine of
Rs. 1 lakh
Wages Code Concerns

There have been concerns expressed about the new Wages Code. Some of them are
discussed below:

1. There is no clarity on the formula for fixing the minimum wage and also on the
particular authority designated for setting the minimum wages.
2. The fixing of minimum wages on the basis on geography, skill and difficulty levels of
the work, etc. might bring in a lot of discretionary power to the hands of the
administrators since many of these factors are not easy to measure. This might lead
to adverse effects like lobbying.
3. The clause for the deduction of wages seems arbitrary and it might prevent workers
from unionising in fear of a deduction in wages.
4. The Code omits the principal employer’s liability to pay wages if the labour
contractor had failed to do so. The principal employer is defined broadly in the Code
making it difficult to pinpoint responsibility for payment of wages. This is a major
issue since, in India, a majority of the workers are contract labourers.
5. The Code also takes away the jurisdiction of courts in providing justice to workers
who have faced violations with respect to their wages. This means that workers can
no longer access courts to contest the wages paid to them by their employers, but
can only approach the quasi-judicial body and appellate authority set up under the
provisions of the Wage Code.

Industrial Relations Code, 2020

Some of the provisions of the Industrial Relations Code, 2020 are mentioned below.

 The Industrial Employment (Standing Orders) Act, 1946 had made it mandatory for
employers of industrial establishments with 100 or more workers to define the
conditions of employment and rules of conduct for workmen, by way of standing
orders/services rules and to inform the workers of the same clearly.
 However, under the new Code, the minimum number of workers employed
for an establishment to have standing orders has been raised to 300.
 With the increased threshold, it becomes more flexible and easier to hire and
fire thus leading to increased employment according to the government.
 Prior permission of the government is mandated before closure, lay-off, or
retrenchment of employees in establishments having more than 300
workers.
 The Code also introduces new conditions for conducting a legal strike.
 Employees are prohibited from going on strike without giving a 60-day
notice.
 Employees are also prohibited from going on strike during the pendency of
proceedings before a Tribunal or a National Industrial Tribunal.
  They should also not go on strike before 60 days are completed after the
tribunal’s proceedings.
 The new Code also proposes the setting up of a re-skilling fund for training
retrenched workers with contribution from the employer, of an amount equal to 15
days last drawn by the worker.

Industrial Relations Code Concerns

Some of the concerns expressed by people about the new Code are discussed below.

1. It can dilute the rights of workers working in industrial establishments with under
300 workers.
2. In such smaller establishments, employers have been given complete flexibility in
terms of hiring and firing the services of workers.
3. The condition for legal strikes has been made more stringent in that the time frame
for the notice to be given by workers to go on legal strikes has been increased,
making it almost impossible to call a strike legally.
4. The reskilling fund seems to be arbitrarily framed and there is no clarity on where
the whole funds would come from.

Code on Social Security, 2020

 The definition of employees has been widened to include inter-state migrant

workers, construction workers, film industry workers and platform workers.
 The gratuity period for working journalists has been reduced from 5 years to 3 years.
 The Code talks about setting up social security funds for unorganized workers,
platform workers, and gig workers.
 There is a provision for the central government to decrease or defer the employer’s
or employee’s contribution towards the PF or ESI for up to 3 months in the event of
a pandemic, national disaster or an epidemic.
 The Code proposes the establishment of a National Social Security Board for
recommending to the central government the formulation of schemes for the
various sections of unorganised, gig and platform workers.
Code on Occupational Safety, Health and Working Conditions, 2020

The major provisions of the Occupational Safety, Health and Working Conditions Code are
mentioned below.

 The Code expands the definition of a factory as a premise where at least 20 workers
work for a process with power and 40 workers for a process without power.
 The Code removes the manpower limit on hazardous working conditions and makes
the application of the Code obligatory for contractors recruiting 50 or more workers
(earlier it was 20).
 The Code fixes the daily work hour limit to a maximum of eight hours.
 The Code empowers women to be employed in all kinds of establishments and at
night (between 7 PM and 6 AM) subject to their consent and safety.
 To encourage formalisation in employment, the employer is required to issue an
appointment letter.
 The Code defines an inter-state migrant worker as someone who has come on
his/her own from one state and received employment in another state and earns up
to Rs.18000 per month.
 Portability benefits for inter-state migrant workers: They can avail benefits in the
destination state as regards ration and benefits of building and other construction
worker cess.
 However, the Code has dropped the earlier provision for temporary accommodation
for workers near worksites.
 The Code also proposes a Journey Allowance – this is a lump sum fare amount to be
paid by the employer for the journey of the worker from his/her native state to the
place of employment.
IMPORTANT SOCIAL SECURITY LEGISLATION IN INDIA

 Factories Act, 1948

 Minimum Wages Act, 1948
 Payment of Wages Act,1936
 Employees’ State Insurance Act,1948
 Employees’ Provident Funds and Miscellaneous Provisions Act,1952
 Payment of Bonus Act, 1965
 Payment of Gratuity Act, 1972
 Employees Compensation Act, 1923
 Contract Labour (Regulation and Abolition) Act, 1970
 Industrial Disputes Act, 1947
 Trade Unions Act, 1926
 Maternity Relief Act, 1961
 Child and Adolescent Labour (Prohibition and Regulation) Act, 2016
 Rights or persons with disabilities Act, 2016
 Prevention of Sexual Harassment of Women at Workplace (Prevention;
Prohibition and Redressal) Act, 2013.
Factories Act, 1948194
 The law relating to factories is governed under the Factories Act, 1948.
 The Act has been enacted primarily with the object of protecting workers employed in
factories against industrial and occupational hazards. For that purpose, it seeks to impose
upon the owner or the occupier certain obligations to protect the workers and to secure for
them employment in conditions conductive to their health and safety.
 The State Governments assume the main responsibility for administration of the Act and its
various provisions by utilizing the powers vested in them.

APPLICABILITY OF ACT
The Act applies on all Factories

FACTORY
“Factory” includes any premises including the precincts thereof:-

(a) whereon ten or more workers are working, or were working on any day of the preceding
twelve months, and in any part of which a manufacturing process is being carried on with the aid of
power or is ordinarily so carried on; or

(b) whereon twenty or more workers are working, or were working on a day of the preceding
twelve months, and in any part of which a manufacturing process is being carried on without the
aid of power, or is ordinarily so carried on.

The following are not covered by the definition of factory:

Railway running sheds, (ii) mines, (iii) mobile units of armed forces, (iv) hotels, eating places or
restaurants.

ESSENTIAL ELEMENTS OF A FACTORY:-

(a) There must be a premises.
(b) There must be a manufacturing process which is being carried on or is so ordinarily carried on in
any part of such a premises.
(c) There must be ten or more workers who are/were working in such a premiseson any day of the
last 12 months where the said manufacturing process iscarried on with the aid of power. But where
the manufacturing process is carried on without the aid of power, the required number of workers
working should be twenty or more.

Meaning of words “premises and precincts”

The word “premises” is a generic term meaning open land or land with building or building alone.
The term ‘precincts’ is usually understood as a space enclosed by walls.

CASE STUDY
The Supreme Court in Ardeshir H. Bhiwandiwala v. State of Bombay, held that the salt works, in
which the work done is of conversion of sea water into crystals of salt, come within the meaning of
the word ‘premises’ and so the workers engaged in this work are workers within the Factories Act,
1948.
WORKER
According to Section 2(1) of the Factories Act 1948, “Worker” means a person employed directly or
by or through any agency (including a contractor) with or without knowledge of the principal
employer, whether for remuneration or not, in any manufacturing process, or in any other kind or
work incidental to, or connected with, the manufacturing process or the subject of the
manufacturing process but does not include any member of the armed forces of the Union.

OCCUPIER
“Occupier” means a person who has ultimate control over the affairs of the factory.
Provided that:-
(a) in the case of a firm or other association of individuals, any one of the individual partners or
members there of shall be deemed to be the occupier;
(b) in the case of a company, any one of the directors, shall be deemed to be the occupier;
(c) in the case of a factory owned or controlled by the Central Government or any State
Government/government Company, or any local authority, the person or persons appointed to
manage the affairs of the factory shall be deemed to be the occupier.

CASE STUDY

J.K. Industries Ltd. v. Chief Inspector ofFactories

Supreme Court held that only a member of Board of Directors of theCompany can be occupier of
the factory of the Company. The ultimate control of factory owned by company vests in Board of
Directors. Company owing factory cannot nominate its employees or officers except Director ofthe
company as occupier of its factory.

APPROVAL, LICENSING AND REGISTRATION OF FACTORIES

1. The State Government may make rules:
(a) requiring, for the purposes of this Act, the submission of plans of any class or description o
factories to the Chief Inspector or the State Government;

(aa) requiring the previous permission in writing of the State Government or the Chief Inspector
to be obtained for the site on which the factory is to be situated and for the construction or
extension of any factory or class or description of factories;

(b) requiring for the purpose of considering applications for such permission the submission of plans
and specifications;

(c) prescribing the nature of such plans and specifications and by whom they shall be certified;

(d) requiring the registration and licensing of factories or any class or description of factories, and
prescribing the fees payable for such registration and licensing and for the renewal of licences;

(e) requiring that no licence shall be granted or renewed unless the notice specified in section 7 has
been given.
2. If on an application for permission referred to in clause (aa) of sub-section (1) accompanied by the
plans and specifications required by the rules made under clause (b) of that sub-section, sent to the
state Government or Chief Inspector by registered post, no order is communicated to the
applicant within three months from the date on which it is so sent, the permission applied for in the
said application shall be deemed to have been granted.

3. Where a State Government or a Chief Inspector refuses to grant permission to the site,
construction or extension of a factory or to the registration and licensing of a factory, the applicant
may within thirty days of the date of such refusal appeal to the Central Government if the decision
appealed from was of the State Government and to the State Government in any other case.

NOTICE BY OCCUPIER
(1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a
factory,send to the Chief Inspector a written notice containing—
(a) the name and situation of the factory;
(b) the name and address of the occupier;
(bb) the name and address of the owner of the premises or building (including the precincts
thereof)
(c) the address to which communications relating to the factory may be sent;
(d) the nature of the manufacturing process-
(i) carried on in the factory during the last twelve months in the case of factories in existence on the
date of the commencement of this Act; and
(ii) to be carried on in the factory during the next twelve months in the case of all factories;
(e) the total rated horse power installed or to be installed in the factory, which shall not include the
rated horse power of any separate stand-by plant;
(f) the name of the manager of the factory for the purposes of this Act;
(g) the number of workers likely to be employed in the factory;
(h) the average number of workers per day employed during the last twelve months in the case of
a factory in existence on the date of the commencement of this Act;
(i) such other particulars as may be prescribed.

(2) In respect of all establishments which come within the scope of the Act for the first lime, the
occupier shall send a written notice to the Chief Inspector containing the particulars specified in
subsection (1) within thirty days from the date of the commencement of this Act.

(3) Before a factory engaged in a manufacturing process which is ordinarily carried on for less than
one hundred and eighty working days in the year resumes working, the occupier shall send a
written notice to the Chief Inspector containing the particulars specified in sub-section (1) at least
thirty days] before the date of the commencement of work.
(4) Whenever a new manager is appointed, the occupier shall send to the Inspector a written notice
and to the Chief Inspector a copy thereof within seven days from the date on which such person
takes over charge.
(5) During any period for which no person has been designated as manager of a factory or during
which the person designated does not manage the factory, any person found acting as manager, or
if no such person is found, the occupier himself, shall be deemed to be the manager of the factory
for the purposes of this Act.
GENERAL DUTIES OF THE OCCUPIER
Section 7 providers that every occupier shall ensure, so far as is reasonably practicable, the health,
safety and welfare of all workers while they are at work in the factory.

Without prejudice to the generality of the provisions of Sub-section 7(1) the matters to which such
duty extends shall include:-
(a) The provision and maintenance of plant and systems of work in the factory that are safe and
without risks to health;
(b) the arrangement in the factory for ensuring safety and absence of risks to health in connection
with the use, handling, storage and transport of articles and substances;
(c) the provisions of such information, instruction, training and supervision as are necessary to
ensure the health and safety of all workers at work;
(d) the provision, maintenance or monitoring of such working environment in the factory for the
workers that is safe, without risks to health and adequate as regards facilities and arrangements for
their welfare at work.
Except in such cases as may be prescribed, every occupier shall prepare, and as often as may be
appropriate revise, a written statement of his general policy with respect to the health and safety
of the workers at work and organisation and arrangements for the time being in force for carrying
out that policy, and to bring the statement and any revision thereof to the notice of all the workers
in such manner as may be prescribed.

MEASURES TO BE TAKEN BY FACTORIES FOR HEALTH,SAFETY ANDWELFARE

OF WORKERS
(a) Cleanliness in the factory should be insured.
(b) All the accumulated dirt should be removed daily.
(c) Effective method of drainage shall be made and maintained for removing water
(d) To ensure that interior walls and roofs, etc. are kept clean, white wash or colour wash should be
carried at least once in every period of 14 months;
(e) All doors, windows and other framework which are of wooden or metallic shall be kept painted
or varnished at least once in every period of five years.
(f) The dates on which such processes are carried out shall be entered in the prescribed register.
(g) factories should make suitable and effective provisions for securing and maintaining adequate
ventilation by the circulation of fresh air; and such a temperature as will secure to the workers
reasonable conditions of comfort and prevent injury to health.
(h) Overcrowding in the work-room should be avoided.
(i) every factory must provide and maintain sufficient and suitable lighting, natural, artificial or both,
in every part of the factory where workers are working or passing;
(j) every factory should make effective arrangements for sufficient supply of drinking water for all
workers in the factory;
(k) First aid appliances should be available every time ( in case of more than 150 workers)
(l) Canteens facilities should be provided ( in case of more than 250 workers)
(m) Shelters, rest rooms and lunch rooms should be constructed (in case of more than 150
workers)
(n) in every factory wherein 500 or more workers are ordinarily employed, the occupier should
employsuch number of welfare officers as may be prescribed.
(o) Safety officer ( in case of 1000 workers or more)

Section 40-B provides that in every factory (i) where 1,000 or more workers are ordinarily employed
or (ii) where the manufacturing process or operation involves risk of bodily injury, poisoning or
disease or any other hazard to health of the persons employed therein, the occupier shall employ
such
number of safety officers as may be specified in the notification with such duties and qualifications
and conditions of service as may be prescribed by State Government.

(p) Crèches rooms for use of children upto age of 6 years. ( in case of more than 30 women
workers)

(q) Ambulance rooms( in case of more than 500 workers)

MINIMUM WAGES ACT, 1948
In an underdeveloped country which faces the problem of unemployment on a very large scale, it is
likely that labour may offer to work even on starvation wages. So purpose of Minimum Wages Act is
to prevent exploitation of labour and for that purpose it empowers the appropriate Government to
take steps to prescribe minimum rates of wages in the scheduled industries.

The Minimum Wages Act empowers the Government to fix minimum wages for employees working
in specified employments.

 SCHEDULED EMPLOYMENT
“Scheduled employment” means an employment specified in the Schedule or any
process or branch of work forming part of such employment.

FIXATION OF MINIMUM RATES OF WAGES

Section 3 lays down that the ‘appropriate Government’ shall fix the minimum rates of wages,
payable to employees in an employment specified in Part I and Part ii of the Schedule, and in an
employment added to either part by notification.
The rates to be fixed need not be uniform. Different rates can be fixed for different zones or
localities.

Section 3 (3) provides that in fixing or revising minimum rates of wages under this section,—

(a) DIFFERENT MINIMUM RATES OF WAGES may be fixed for—

(i) different scheduled employments;
(ii) different classes of work in the same scheduled employment;
(iii) adults, adolescents, children and apprentices;
(iv) different localities;
(b) minimum rates of wages may be fixed BY ANY ONE OR MORE OF THE FOLLOWING WAGEPERIODS, namely:—
(i) by the hour,
(ii) by the day,
(iii) by the month, or
(iv) by such other larger wage-period as may be prescribed;

and where such rates are fixed by the day or by the month, the manner of calculating wages for a
month or for a day, as the case may be, may be indicated:

Provided that where any wage-periods have been fixed under section 4 of the Payment of Wages
Act,
1936, minimum wages shall be fixed in accordance therewith.
MINIMUM RATES OF WAGES

According to Section 4 of the Act, any minimum rate of wages fixed or revised by the appropriate
Government in respect of scheduled employments under section 3 may consist of—
(i) a basic rate of wages and a special allowance at a rate to be adjusted, at such intervals and in
such
manner as the appropriate Government may direct, to accord as nearly as practicable with the
variation in the cost of living index number applicable to such workers (hereinafter referred to as
the“cost of living allowance”); or

(ii) a basic rate of wages with or without the cost of living allowance, and the cash value of the
concessions in respect of supplies of essential commodities at concession rates, where so
authorised;or

(iii) an all-inclusive rate allowing for the basic rate, the cost of living allowance and the cash value
of the concessions, if any.

The cost of living allowance and the cash value of the concessions in respect of supplies of essential
commodities at concession rates shall be computed by the competent authority at such intervals
and in accordance with such directions as may be specified or given by the appropriate
Government.

REVISION OF MINIMUM WAGES

Act provides for review and revision of minimum wages already fixed after suitable intervals not
exceeding five years.

MANNER OF FIXATION/REVISION OF MINIMUM WAGES

The ‘appropriate Government’ may fix minimum rate of wages for:

(a) time work, known as a Minimum Time Rate;

(b) piece work, known as a Minimum Piece Rate;
(c) a “Guaranteed Time Rate” for those employed in piece work for the purpose of securing to such
employees a minimum rate of wages on a time work basis;
(d) A “Over Time Rate” i.e. minimum rate whether a time rate or a piece rate to apply in substitution
for the minimum rate which would otherwise be applicable in respect of overtime done by

Section 11 of the Act provides that minimum wages payable under the Act shall be paid in cash. But
where it has been the custom to pay wages wholly or partly in kind, the appropriate Government, on

being satisfied, may approve and authorize such payments. A

The Payment of Wages Act, 1936C

The Payment of Wages Act, 1936 is a central legislation which has been enacted to regulate the
payment of wages to workers employed in certain specified industries and to ensure a speedy and
effective remedy to them against illegal deductions and/or unjustified delay caused in paying
wages to them.

APPLICABILITY OF THE ACT

 It applies to the persons employed in a factory, ‘industrial or other establishment’ or in a
railway, whether directly or indirectly, through a sub-contractor.
 Employees drawing wages upto 24,000 is covered.

PAYMENT OF WAGES- TIME PERIOD

Wages must be paid:-

(a) Before the expiry of 7th day after the last day of the wage period, if less than 1000 workmen are
employed and in any other case, on or before the 10th day;
(b) In currency coins or note and by cheques or by crediting the wages in the employee’s bank
account after obtaining his written authority;
(c) On a working day;
(d) Before the expiry of the second day, to the person whose employment is terminated.
It may be noted that the wage period shall not exceed one month.

DEDUCTION FROM THE WAGES OF AN EMPLOYEE

Section 7 of the act allows deductions from the wages of an employee on the account of
the following:
-
(a) Fines;
(b) Absence from duty;
(c) Damage to or loss of goods expressly entrusted to the employee;
(d) Housing accommodation and amenities provided by the employer;
(e) Recovery of advances or adjustment of overpayments of wages;
(f) Recovery of loans made from any fund constituted for the welfare of labour in
accordance with the rules approved by the State Government, and the interest due in respect
thereof;
(g) Subscriptions to and for repayment of advances from any provident fund;
(h) Income-tax;
(i) Payments to co-operative societies approved by the State Government or to a scheme of
insurance maintained by the Indian Post Office;
(j) Deductions made with the written authorisation of the employee for payment of any premium on
his life insurance policy or purchase of securities.
Employees’ State Insurance Act, 1948.
The law relating to employees’ State Insurance is governed by the Employees’ State Insurance Act,
1948.
The objective of the act is to provide for certain benefits to employees in case of sickness, maternity
and employment injury and to provide for certain other matters in relation there to.

APPLICABILITY OF ACT
 The Act applies in the first instance to all factories (including factories belonging to the
Government) other than seasonal factories. Employees’ State Insurance Act, 1948 applies to
factories employing 10 or more persons.
 The Act empowers the Government to extend any of the provisions of the Act to any other
establishmentor class of establishments, industrial, commercial, agricultural or otherwise in
consultation with theEmployees’ State Insurance Corporation.

Where the appropriate Government is a State Government, it can extend the provisions of the Act
with the approval of the Central Government.

 Employees of Factories and establishments covered under the Act drawing monthly wages
up to Rs.21000/- per month and Rs. 25000/- per month for persons with disabilities are
covered under the scheme

REGISTRATION OF FACTORIES AND ESTABLISHMENTS UNDER THIS ACT

Section 2A of the Act lays down that every factory or establishment to which this Act applies shall be
registered within such time and in such manner as may be specified in the regulations made in this
behalf.

EMPLOYEES’ STATE INSURANCE CORPORATION

The ESI Act authorises Central Government to establish Employees State Insurance Corporation for
administration of the Employees State Insurance Scheme. Such Corporation shall be body corporate
having perpetual succession and a common seal and shall sue and be sued by the said name.

EMPLOYEES’ STATE INSURANCE

The Act makes compulsory that all the employees in factories or establishments to which this Act
applies shall be insured in the manner provided by this Act. Such insured persons shall pay
contributions towards Insurance Fund through their employers who will also pay their own
contribution. Such insured persons are entitled to get certain benefits from that fund which shall be
administered by the Corporation. Any dispute will
be settled by the Employees’ Insurance Court.
EMPLOYEES’ STATE INSURANCE FUND
The Act provides that all contributions paid under this Act and all other moneys received on behalf
of the Corporation shall be paid into a Fund called the Employees’ State Insurance Fund which shall
be held and administered by the Corporation for the purposes of this Act. A Bank account in the
name of Employees’ State Insurance Fund shall be opened with the Reserve Bank of India or any

other Bank approved by the Central Government. 1948

CONTRIBUTIONS
The contributions have to be paid at such rates as may be prescribed by the Central Government.
The present rates of contribution are 3.25 percent and 0.75 percent of workers wages by employers
and employees respectively.

BENEFITS TO THE INSURED

The insured persons, their dependants are entitled to the following benefits on prescribed scale:
(a) periodical payments in case of sickness certified by medical practitioner;
(b) periodical payments to an insured workman sickness arising out of pregnancy,
(c) periodical payment to an insured person suffering from disablement as a result of employment
injury;
(d) periodical payment to dependants of insured person;
(e) medical treatment and attendance on insured person;
(f) Payment of funeral expenses on the death of insured person at the prescribed rate of `10,000/-.

GENERAL PROVISIONS RELATING TO BENEFITS

(a) Right to receive benefits is not transferable or assignable.
(b) When a person receives benefits under this Act, he is not entitled to receive benefits under any
other enactment.

EMPLOYEES’ INSURANCE COURT (E. I. COURT)

Section 74 of the E.S.I Act., 1948 provides that the State Government shall by notification in the
Official Gazette constitute an Employees’ Insurance Court for such local area as may be specified in
the notification. The Court shall consist of such number of judges as the State Government may
think fit.
Any person who is or has been judicial officer or is a legal practitioner of 5 years standing shall be
qualified to be a judge of E.I. Court. The State Government may appoint the same Court for two or
more local areas or two or more Courts for the same local area and may regulate the distribution of
business between them.
Following matters can be decided by E.I Court:

1. Adjudication of disputes: The Employees’ Insurance Court has jurisdiction to adjudicate disputes,
namely, whether any person is an employees under the Act, rate of wages/contribution, as to who
is or was the principal employer, right of a person to any benefit Under the Act.

2. Adjudication of claims: The EI Court also has jurisdiction to decide claims for recovery of
contribution from principle employer or immediate employer, action for failure or negligence to pay
contribution, claim for recovery of any benefit admissible under the Act.
No Civil Court has power to decide the matters falling within the purview/jurisdiction of E.I. Court.
The Payment of Gratuity Act,1972
The Payment of Gratuity Act provides for the payment of gratuity to employees engaged in factories,
mines, oilfields, plantations, ports, railway companies, shops or other establishments.
“Gratuity” is a retirement benefit. Gratuity is a lump sum payment made by the employer as a
mark of recognition of the service rendered by the employee when he retires or leaves service.

APPLICATION OF THE ACT

The Act applies to:-
(a) every factory, mine, oilfield, plantation, port and railway company;
(b) every shop or establishment in which ten or more persons are employed, or were employed, on
any day of the preceding twelve months;
(c) such other establishments or class of establishments in which ten or more employees are
employed, or were employed, on any day of the preceding twelve months as the Central
Government may, by notification specify in this behalf.

A shop or establishment, to which the Act has become applicable once, continues to be governed by
it, even if the number of persons employed therein at any time after it has become so applicable
falls below ten.

WHEN IS GRATUITY PAYABLE

Gratuity shall be payable to an employee on the termination of his employment after he has
rendered
continuous service for not less than five years:-
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease.

The completion of continuous service of five years is not necessary where the termination of the
employment of any employee is due to death or disablement.

TO WHOM IS GRATUITY PAYABLE

 It is payable normally to the employee himself.
However, in the case of death of the employee, it shall be paid to his nominee and if no nomination
has been made, to his heirs and where any such nominees or heirs is a minor, the share of such
minor, shall be deposited with the controlling authority who shall invest the same for the benefit of
such minor in such bank or other financial institution, as may be prescribed, until such minor attains
majority.

AMOUNT OF GRATUITY PAYABLE

Gratuity is calculated on the basis of continuous service i.e. for every completed year of service or
part in excess of six months, at the rate of fifteen days wages last drawn. The maximum amount of
gratuity allowed under the Act is `20, 00,000/-.
The Employees’ Compensation Act, 1923
The Employees’ Compensation Act, 1923 earlier known as “Workmen’s Compensation Act’’ is one of
the important social security legislations. It imposes statutory liability upon an employer to discharge
his moral obligation towards his employees when they suffer from physical disabilities and diseases
during the course of employment in hazardous working conditions.

The Act provides for cheaper and quicker mode of disposal of disputes relating to compensation
through special proceedings than possible under the civil law.

• PARTIAL DISABLEMENT

Partial disablement can be classified as temporary partial disablement and permanent partial
disablement.

(a) temporary partial disablement - Such disablement as reduces the earning capacity of a
workman in the employment in which he was engaged at the time of the accident resulting in the
disablement; and

(b) Permanent partial disablement- Such disablement as reduces for all time his earning capacity
in every employment which he was capable of undertaking at the time.

• TOTAL DISABLEMENT
“Total disablement” means, such disablement whether of a temporary or permanent nature, which
incapacitates a workman for all work which he was capable of performing at the time of accident
resulting in such disablement.

EMPLOYER’S LIABILITY FOR COMPENSATION

Section 3 of the Act provides for employers liability for compensation in case of occupational disease
or personal injuries to workman.
Compensation shall be payable to a workman in respect of any disease if the disease is directly
attributable to a specific injury by accident arising out of and in the course of his employment.

AMOUNT OF COMPENSATION
Amount of compensation is payable in the event of a workman meeting with an accident resulting
into temporary or permanent disability or disease. Compensation shall be paid as soon as it falls due.
It is payable to dependants of employee in case of death compensation must be paid through the
Commissioner of Employees’ Compensation, appointed by the Government, in case of death and
total disablement

The compensation has been enhanced to Rs.1, 20,000/-in case of death and Rs.1, 40,000/-in case of
disablement resulting from injury.

The amount of funeral expenses has been enhanced to Rs.5, 000/-.

Time Limit for disposal of cases relating to compensation
The Compensation Commissioner shall dispose of the matte relating to compensation within a
period of three months from the date of reference and intimate the decision in respect thereof
within the said period to the employee.

DUTY OF EMPLOYER TO INFORM EMPLOYEE OF HIS RIGHTS

According to Section 17A of the Employee's Compensation (Amendment) Act, 2017, every employer
shall immediately at the time of employment of an employee, inform the employee of his rights to
compensation under the Act, in writing as well as through electronic means, in English or Hindi or in
the official language of the area of employment, as may be understood by the employee.

PENALTY
Further, under Section 18A, penalty for contravention of Act is Rs.50, 000/- which may extend to
one lakh rupees.
Contract Labour (Regulation and Abolition) Act, 1970

The objective of the Contract Labour (Regulation and Abolition) Act, 1970 is to regulate the
employment of contract labour in certain establishments and to provide for its abolition in certain
circumstances and for matters connected therewith.

APPLICABILITY OF ACT

The Act applies:

(a) to every establishment in which twenty or more workmen are employed or were employed on
any day of the preceding twelve months as contract labour;
(b) to every contractor who employs or who employed on any day of the preceding twelve months
twenty or more workmen.

• CONTRACT LABOUR
A workmen shall be deemed to be employed as contract labour in or in connection with the work of
an establishment when he is hired in or in connection with such work by or through a contractor,
with or without the knowledge of the principal employer.

• CONTRACTOR
“Contractor” in relation to an establishment, means a person who undertakes to produce a given
result for the establishment, other than a mere supply of goods or articles of manufacture to such
establishment, through contract labour or who supplies contract labour for any work of the
establishment and includes a sub-contractor.

REGISTRATION OF ESTABLISHMENTS EMPLOYING CONTRACT LABOUR

Every establishment covered by the Act, if it wants to engage twenty or more persons through a
contractor has to get itself registered. Act lays down that every principal employer of an
establishment to which the Act applies shall make an application to the registering officer in the
prescribed manner for registration ofthe establishment within the prescribed time limit.

Revocation of registration in certain cases

The registration can be revoked in the following circumstances:-
(a) If the registering officer is satisfied, either on a reference made to him in his behalf or otherwise,
that the registration has been obtained by mis-representation or suppression of any material fact, or
(b) that the registration has become useless and become ineffective for any other reason and,
therefore, requires to be revoked.

EFFECT OF NON-REGISTRATION
No principal employer of an establishment to which the Act applies can employ contract labour,
if:-
(a) he has not obtained the certification of registration; or
(b) a certificate has been revoked after being issued.
The Maternity Benefit Act, 1961

The Maternity Benefit Act, 1961 regulates employment of women in certain establishments for a
certain period before and after childbirth and provides for maternity and other benefits. Maternity
Benefits are aimed to protect the dignity of motherhood by providing for the full and healthy
maintenance of women and her child when she is not working.
The Maternity Benefit Act, 1961 is applicable to mines, factories, circus industry, plantations, shops
and establishments employing ten or more persons. It can be extended to other establishments by
the state governments.

PERIOD OF MATERNITY BENEFIT

As per the Maternity Benefit (Amendment) Act, 2017, maximum period for which a woman can get
paid maternity benefit is twenty-six weeks upto two surviving children.
For
1. Adopting
2. commissioning mothers and
3. for more than two surviving children,

12 weeks of paid maternity leave is also available.

“Commissioning Mother” means a biological mother who uses her egg to create an embryo
implanted in any other woman

NURSING BREAKS
Every woman delivered of a child who returns to duty after such delivery shall, in addition to the
interval for rest allowed to her, be allowed in the course of her daily work two breaks of the
prescribed duration for nursing the child until the child attains the age of fifteen months.

CRECHE FACILITY
Every establishment having fifty or more employees shall have the facility of creche within such
distance as may be prescribed, either separately or along with common facilities.
Child Labour (Prohibition & Regulation) Amendment Act, 2016

The Child Labour (Prohibition & Regulation) Amendment Act, 2016 which came into force
w.e.f.1.9.2016.

PURPOSE OF THE ACT

The Child and Adolescent Labour (Prohibition & Regulation) Act, 1986 enacted to;-
(a) prohibit the engagement of children in all occupations and
(b) Prohibit the engagement of adolescents in hazardous occupations and processes and the
matters
connected therewith or incidental thereto. It extends to whole of India.
It prohibits employment of children in all occupations and processes to facilitate their enrolment in
schools in view of the Right of Children to Free and Compulsory Education Act, 2009 and to
prohibits employment of adolescents (persons who have completed fourteenth year of age but
have not completed eighteenth year) in hazardous occupations and processes and to regulate the
conditions of service of adolescents in line with the ILO Convention 138 and Convention 182,
respectively.

DEFINITION

1. ADOLESCENT
Adolescent means a person who has completed his fourteenth year of age but has not completed
his eighteenth year.

2. CHILD
Child means a person who has not completed his fourteenth year of age or such age as may be
specified in the Right of Children to Free and Compulsory Education Act, 2009, whichever is
more.

3. ESTABLISHMENT
Establishment includes a shop, commercial establishment, workshop, farm, residential hotel,
restaurant, eating-house, theatre or other place of public amusement or entertainment.

PROHIBITION OF EMPLOYMENT OF CHILDREN IN ANY OCCUPATIONS AND PROCESSES

Section 3 of the Act provides that no child shall be employed or permitted to work in any
occupations or process except:-
(a) helps his family or family enterprise, which is other than any hazardous occupations or
processes set forth in the Schedule, after his school hours or during vacations;
(b) works as an artist in an audio-visual entertainment industry, including advertisement, films,
television serials or any such other entertainment or sports activities except the circus, subject to
such conditions and safety measures, as may be prescribed.
However no such work shall effect the school education of the child.
‘‘family’’ in relation to a child, means his mother, father, brother, sister and father’s sister and
brother and mother’s sister and brother ‘‘family enterprise’’ means any work, profession,
manufacture or business which is performed by themembers of the family with the engagement of
other persons;

PROHIBITION OF EMPLOYMENT OF ADOLESCENTS IN CERTAIN HAZARDOUS OCCUPATIONS

AND PROCESSES

Section 3A provides that no adolescent shall be employed or permitted to work in any of the
hazardous occupations or processes set forth in the Schedule.
The hazardous occupations or processes set forth in the Schedule are as under:
(1) Mines.
(2) Inflammable substances or explosives.
(3) Hazardous process.

“Hazardous process” has the meaning assigned to it in clause (cb) of the Factories Act, 1948.
However, the Central Government may, by notification, specify the nature of the nonhazardous
work to which an adolescent may be permitted to work under the Act.

HOURS AND PERIOD OF WORK

1. Section 7 provides that no adolescent shall be required or permitted to work in any establishment
in
excess of such number of hours, as may be prescribed for such establishment or class of
establishments.

2. The period of work on each day shall be so fixed that no period shall exceed three hours and that
no adolescent shall work for more than three hours before he has had an interval for rest for at
least one hour.
3. The period of work of a child shall be so arranged that inclusive of his interval for rest, it shall not
be spread over more than six hours, including the time spent in waiting for work on any day.
4. No adolescent shall be permitted or required to work between 7 p.m. and 8 a.m.
5. No adolescent shall be required or permitted to work overtime.
6. No adolescent shall be required or permitted to work in, any establishment on any day on which
he has already been working in another establishment.

7. Weekly holidays
As per section 8 every adolescent employed in an establishment is entitled in each week, a holiday
of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a
conspicuous place in the establishment and the day so specified shall not be altered by the occupier
more than once in three months.
NOTICE TO INSPECTOR
Section 9 provides that every occupier in relation to an establishment who employs, or permits to
work,any adolescent shall, within a period of thirty days from the date of such employment, send
to the Inspector within whose local limits the establishment is situated, a written notice containing
the particulars namely:
1. The name and situation of the establishment
2. The name of the person in actual management of the establishment
3. The address to which communications relating to the establishment should be sent;
4. The nature of the occupation or process carried on in the establishment.

MAINTENANCE OF REGISTER
Every occupier in respect of adolescent employed or permitted to work in any establishment,
maintained a register to be available for inspection by an Inspector at all times during working hours
or when work is being carried on in any such establishment showing
1. the name and date of birth of every adolescent so employed or permitted to work;
2. hours and periods of work of any such adolescent and the intervals of rest to which he is entitled;
3. the nature of work of any such adolescent; and
4. Such other particulars as may be prescribed.

DISPLAY OF NOTICE
Every railway administration, every port authority and every occupier shall cause to be displayed in a
conspicuous and accessible place at every station on its railway or within the limits of a port or at the
place of work, as the case may be, a notice in the local language and in the English language
containing an abstract of Sections 3A and 14.

PENALTIES
Whoever employs any child or permits any child to work in contravention of the provisions of
section 3 shall be punishable with imprisonment for a term which shall not be less than six months
but which may extend to two years, or with fine which shall not be less than twenty thousand
rupees but which may extend to fifty thousand rupees, or with both.

Whoever employs any adolescent or permits any adolescent to work in contravention of the
provisions of section 3A shall be punishable with imprisonment for a term which shall not be less
than six months but which may extend to two years or with fine which shall not be less than twenty
thousand rupees but which may extend to fifty thousand rupees, or with both.

However; the parents or guardians of such child/ adolescent shall not be punished unless they
permit such adolescent to work in contravention of the provisions of section 3 or 3A. The parents or
guardians of any child or adolescent shall not be liable for punishment, in case of the first offence.

Whoever, having been convicted of an offence under section 3 or section 3A commits a like offence
afterwards; he shall be punishable with imprisonment for a term which shall not be less than one
year but which may extend to three years.

The parents or guardians having been convicted of an offence under section 3 or section 3A,
commits a like offence afterwards, he shall be punishable with a fine which may extend to ten
thousand rupees.
Whoever fails to comply with or contravenes any other provisions of the Act or the rules made
there under, shall be punishable with simple imprisonment which may extend to one month or with
fine which may extend to ten thousand rupees or with both
PREVENTION OF SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT,
2013

In 2013, the government enacted the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013 (hereinafter referred to as the 'Act') for prevention of sexual
harassment against women at the workplaces.

OBJECTIVES OF THE ACT

The Act is enacted to provide protection against sexual harassment of women at workplace and
prevention and redressal of complaints of sexual harassment and for matters connected there with
or
incidental thereto.

Sexual harassment is termed as a violation of the fundamental rights of a woman to equality under
Articles 14 and 15 of the Constitution of India and right to life and to live with dignity under Article
21 of the Constitution of India.
Sexual harassment is also considered a violation of a right to practice any profession or to carry on
any occupation, trade or business which includes a right to a safe environment free from sexual
harassment.

SEXUAL HARASSMENT- DEFINITION

“Sexual Harassment” includes any one or more of the following unwelcome acts or behavior
(whether directly or by implication) namely:—
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;.

PREVENTION OF SEXUAL HARASSMENT

According to Section 3 of the Act, no woman shall be subjected to sexual harassment at any
workplace.

The following circumstances, among other circumstances, if it occurs, or is present in relation to or

connected with any act or behavior of sexual harassment may amount to sexual harassment:—
(i) implied or explicit promise of preferential treatment in her employment; or
(ii) implied or explicit threat of detrimental treatment in her employment ; or
(iii) implied or explicit threat about her present or future employment status; or
(iv) interference with her work or creating an intimidating or offensive or hostile work environment
for her; or
(v) humiliating treatment likely to affect her health or safety
COMPLAINTS COMMITTEE & COMPLAINT PROCEDURE

Internal Complaints Committee

The Act makes it mandatory for every employer to constitute an internal complaints committee
("ICC") which entertains the complaints made by any aggrieved women.

The members of the ICC are to be nominated by the employer and ICC should consist of
(i) A Presiding Officer;
(ii) Not less than two members from amongst employees preferably committed to the cause or
women or who have had experience in social work or have legal knowledge and;
(iii)One member from amongst non-governmental organizations or associations committed to the
cause of women or a person familiar with the issues relating to sexual harassment.

In order to ensure participation of women employees in the ICC proceedings, the Act requires that
at least one half of the members of ICC nominated by employer are women.

Local Complaints Committee

Provisions are provided under the Act to form Local Complaints Committee (LCC) for every district
for receiving complaints of sexual harassment from establishments where the ICC has not been
formed due to having less than 10 workers or if the complaint is against the employer himself.

COMPLAINT PROCEDURE

The Act stipulates that aggrieved woman can make written complaint of sexual harassment at
workplace to the ICC or to the LCC (in case a complaint is against the employer), within a period of
three months from the date of incident and in case of a series of incidents, within a period of three
months from the date of last incident.

If the aggrieved woman is unable to make complaint in writing, reasonable assistance shall be
rendered.

In case the aggrieved woman is unable to make a complaint on account of her physical incapacity, a
complaint may be filed inter alia by her relative or friend or her co-worker or an officer of the
National Commission for Woman or State Women's Commission or any person who has
knowledge of the incident, with the written consent of the aggrieved woman.

DUTIES OF EMPLOYER
Every employer shall—
(a) provide a safe working environment at the workplace with shall include safety from the persons
coming into contact at the workplace;
(b) display at any conspicuous place in the workplace, the penal consequences of sexual
harassments; and the order constituting, the Internal Committee
(c) organise workshops and awareness programmes at regular intervals for sensitising the
employees with the provisions of the Act
(d) provide necessary facilities to the Internal Committee or the Local Committee, as the case may
be,for dealing with the complaint and conducting an inquiry;
(e) assist in securing the attendance of respondent and witnesses before the Internal Committee or
the
Local Committee, as the case may be;
(f) make available such information to the Internal Committee or the Local Committee, as the case
be, as it may require
(g) treat sexual harassment as a misconduct under the service rules and initiate action for such
Misconduct.
IMPORTANT LABOUR LAW JUDGEMENTS

1.Workmen of M/S Firestone Tyre and Rubber Co. Of India v. Management,

AIR 1973, SC 1227 AIR 1227, 1973 SCR (3) 587

In this case, the workmen of the Firestone Tyre and Rubber Company had a dispute with its
employer as the employer had terminated its workmen on the basis of a Domestic Inquiry
Finding. During the pendency of the case, the Industrial Tribunal Act was amended in 1971
and Section 11A was inserted conferring the power over the Appellate Authority to the
Industrial Tribunal over the domestic enquiry into the arising disputes.

The Tribunal decided in the favour of the employer, denying to have the retrospective effect of
Section 11A. Aggrieved from the decision of the tribunal, the workmen moved to the apex court
against the employer.

The issue before the Supreme Court was on the interpretation of Section 11A of the Industrial
Disputes Act, 1947. Since, the section was inserted through amendment amidst the pending
suit, the question in issue was whether the said section shall be applicable on the case which is
instituted prior to the insertion of the said section.

The Supreme Court stated that the Industrial Disputes Act, 1947 was a beneficial piece of
legislation, enacted by the legislature for the betterment of the employees. The Court found the
legislation to be a welfare one so it decided to apply the beneficial rule of legislation. It was
further held that in case of arising disputes among the two parties, leniency will be applied over
the view which will be in the best interest of employees.

However, the suit was instituted prior to the amendment so the said section shall not be
applicable in this case. It shall be only applicable to the cases which are instituted after the
amendment in the Industrial Dispute Act, 1947.

2. Steel Authority of India Limited v. National Union Waterfront Workers, AIR

2001, Appeal (civil) 6009-6010 of 2001

In this case, the appellants, a Central Government Enterprise, along with its manager is having
their business of manufacturing iron and steel products. The Company is also engaged in import-
export of its goods through the Central Marketing Organisation, which is the marketing unit of
the company. The company has its branches located in different parts of the Indian territory.
The work of goods handling at the stockyard was provided to the contractors.
The Government of West Bengal vide its notification issued under Section (10)(1) of
the Contract Labour (Regulation and Abolition) Act, 1989 prohibited contract labour at four
specified stockyards in Calcutta.

However, the Government of West Bengal put the said notification into abeyance through the
notification vide dated August 28, 1989, but further extended that period from time to time till
August 31, 1994.

The contract labourers filed a petition before the Calcutta High Court seeking the direction for
the appellants SAIL for the absorption of contract labour in their regular establishment in view
of the prohibition notice issued by the West Bengal State Government. The primary question in
the issue was who is an appropriate government with regard to the Contract Labour (Prohibition
and Regulation) Act, 1970.

The Division Bench of the Calcutta High Court dismissing the writ petition stated that on the
relevant date of prohibition notification, the appropriate government was the “State
Government”.

Aggrieved from the decision of the High Court, the appellant preferred an appeal before the
apex court. The issue before the apex court was with regard to the correct interpretation of the
term “appropriate government” as defined in Section 2(1)(a) of the Contract Labour (Regulation
and Abolition) Act, 1970.

The apex court held that any company which was being run on the power bestowed by the
Central Government to the central government companies or its undertaking if fails to operate
due to the lack of conferment power the company shall be considered to be an industry under
the Central Government. The Court held that the appropriate government was Central
Government under the Contract Labour (Regulation and Abolition) Act, 1970.

3.Hindustan Aeronautics Limited v. Workmen AIR 1975, 1975 AIR 1737, 1976

SCR (1) 231

In this case, the appellant Hindustan Aeronautics Limited is a company registered under Section
617 of the Company Act, 1956. The Central Government purely owns the share of the company.
This case is regarding 1000 workers who were working in the company’s repairing unit situated
at Barrackpore, West Bengal. The major issues were with regard to the allowance of the
education of employees, revision of lunch allowances and for the permanency of their job.

In this case the West Bengal Govt. referred to the dispute under Section 10(1) of the Industrial
Dispute Act, 1947

The Industrial Tribunal partly granted relief to the workmen. The appellants approached the
apex court with the issue that whether the West Bengal government was the appropriate
government to refer the dispute or not. The Supreme Court held that the appropriate
government was the West Bengal government as the branch or industrial unit of the company
was carrying out a “separate” kind of work in West Bengal.

The workers were being paid at the company and they were totally regulated by the officials of
the company’s branch at Barrackpore in West Bengal. In such a case, if any kind of disputes or
disturbances arises, the onus lies on the West Bengal government for the settlement of those
disputes and maintaining industrial peace.

4.Bengaluru Water Supply and Sewerage Board v. A Rajappa AIR 1978, 1978

AIR 548, 1978 SCR (3) 207

In this case, the dispute was between the appellants Bengaluru Water Supply and Sewerage
Board, its management and the respondents employees. For some kind of misconduct, the
board had levied a fine over the employees and recovered the money from them. The
respondents approached the labour court against such a fine under Section 33C(2) of the
Industrial Disputes Act, 1947 alleging that such imposition of a fine was against the principle of
natural justice.

The appellant board put the contention that it was a statutory body serving the citizen, so it
doesn’t come under the ambit of the definition of the term “industry” as provided in the Act.
The labour court rejected the contention and held that the board comes under the ambit of
“industry” as under Section 2(j) of the Industrial Disputes Act, 1947.

The board management aggrieved from the order of the Labour Court approached the High
Court of Karnataka with a writ petition objecting that the board was not covered under the
definition of “industry” as held by the Labour Court. The High Court of Karnataka rejected the
objection, and upheld the labour court’s order.

The board management approached the Supreme Court with the issue of whether it was
covered under the definition of industry or not. The apex court in order to declare the identity
of industry, laid down a test to determine the activities carrying out by the industry This test was
called the “Triple Test method”:

 Whether there is a systematic activity carried out on the cooperation between the
employer and the employee for the purpose of production and services all the
satisfaction that the human being wants and wishes;
 It is material to know whether there is an absence of profit gainful objective behind
the corporation or venture;
 The major focus is on the employer-employee relation;
 If the organisation is for trade or business purpose it would not cease to be one
based upon its philanthropic nature.
Hence, an organization having all the said elements not being a trade or business would be
considered as an industry. The apex court held Bangalore Water Supply and Sewerage Board an
industry as per section provided under the Industrial Disputes Act.

6.Central Provinces Transport Limited Nagpur, v. Raghunath Gopal

Patwardhan 1957 AIR 104, 1956 SCR 956

In this case, respondent Raghunath Gopal Patwardhan was working under the appellant
“Central Provinces Transport Limited Nagpur”. The appellant alleged that the respondent stole
some of the goods from the appellant’s company. A domestic inquiry was conducted by the
company where the respondent was found guilty. He was dismissed on the ground of
misconduct and gross negligence.

The respondent approached the Industrial Court for reinstatement, where the appellant
contented the maintainability of the case as it was an individual dispute, not an industrial
dispute.

The Industrial Court decided in the favour of the respondent claiming the dispute to be an
industrial one. This position was upheld by the Labour Appellate Tribunal while deciding the
appeal filed by the appellant.

Aggrieved by the order of the Labour Appellate Tribunal, the appellant approached the Supreme
Court. The apex court held that the dispute was an individual one and not an industrial one. The
court further added that the dispute would have been industrial if the cause had been taken by
the union or a mass of workmen.

The court was of the opinion that the definition of Section 2(k) of the Industrial Dispute’s Act
was wide enough to include a dispute between an employer and an employee. Further, the
dispute must attract the workmen’s support from the industry to become an industrial one
otherwise it will be an individual one.

7.Hussainbhai Calicut v. Alath Factory Thozhilali union, AIR 1978, 1978 AIR

1410, 1978 SCR (3)1073

In this case, the petitioner was the owner of the factory engaged in the manufacturing of ropes.
He had hired some contractors for the purpose of engaging workmen in his factory. Some of the
workers were denied employment stating that they were not factory’s workers but hired by the
contractors.

The dispute was raised by the respondent in the Industrial Court against the denial of their
employment. The Industrial Court decided in the favour of the workmen union and this position
was upheld by the High Court of Kerala on an appeal filed by the appellant.
The owner of the industry preferred an appeal before the Supreme Court stating that there was
no employer-employee relationship between him and the workers as they were hired by the
contractors.

The apex court held that in an industry or a factory where the employees produce goods and
services for the business of another person, then the other person shall be the employer. In
order to find whether he is an employer or not, the factors of continued employment and the
economic control upon the workers by the industry is to be taken into consideration. The court
further added that if the livelihood of the workmen is directly dependent on the service
provided by him in the industry, then it would not leave an effect on whether there is a direct
relationship or not. One who has been in charge throughout the period shall be the real
employer.

8.Arkal Govind Rajrao v. Ciba Geigy of India Ltd, 1985 AIR 985, 1985 SCR Supl.

(1) 282

In this case, the appellant Arkal Govind Rajrao joined the respondent’s company as a
stenographer-cum-accountant on 18 January 1956. After almost 10 years of time, the appellant
was promoted to the post of assistant. However, in 1972 the company terminated him with the
contention that he was not a “workman” defined as under Section 2(s) of the Industrial Disputes
Act. The District Commissioner Labour (Administration), Bombay referred the dispute before the
Labour Court.

The Labour Court dismissed the petition with the view that the claimant was not a workman as
he was carrying out administrative and supervisory work along with clerical work, so he could
not be kept under the definition of workman as provided under Section 2(s) of the Industrial
Dispute’s Act.

The appellant filed an appeal in the Supreme Court against the aggrieved order of the Labour
Court. The apex court was of the view that the appellant was a workman under the definition
provided in Section 2(c) of the Industrial Disputes Act. The court held that the person would not
be a workman if he is indulged in some supervisory activities.

The apex court further added that while adjudicating such matters one has to put in mind what
are primary and basic duties along with the secondary duties of the person, as the secondary
duties do not change the character and nature of the person. The court said that basic duties
have to be considered first and it doesn’t affect the nature and character of the duties of the
person.
9.National Engineering Industries Ltd. v. Kishan Bhageria, 1988 AIR 329

In this case, respondent Kishan Bhageria was working as an internal auditor. He was absent from
the office for a period of time, so the company stopped his salary and sent him on suspension.
The respondent filed an application but he was dismissed from the service.

The respondent filed an application before the Labour Court against his dismissal. The appellant
contended that respondent’s claim was not maintainable as he was not under the term
“workman” provided under the act. The Labour Court held that the respondent was a workman
as under the definition of Section 2(s) of the Industrial Disputes Act.

The appellant moved the High Court of Rajasthan against the order. The single bench judge of
the Rajasthan High Court held that respondent Kishan Bhageria was not a workman as under the
said act. The appeal was again filed before the Division Bench of High Court where the order of
the Ld. single bench judge was reversed.

The management company moved to the apex court against the order. The Supreme Court
stated that the fact in issue was whether the person was working for the managerial post or
supervisory post, and for the purpose of deciding it, one has to look into the nature of the duties
of the claimant.

The Supreme Court stipulated that a supervisor is a person taking decisions on the behalf of the
company. The person can’t be held as a supervisor if he is merely reporting the affairs of the
company and the management.

In the said matter the apex court held the respondent as “workman” as he was not engaged in
managerial work or administration work. The Court also held that the person if would have been
engaged in work of assigning duties among the other staffs then he shall qualify the criteria of
being a “supervisor”.

10.Syndicate Bank and Ors v. K. Umesh Nayak, 1995 AIR 319, 1994 SCC (5)

572

In this case, the major issue before the Supreme Court was whether the workmen were to get
paid during the period of strike despite the fact that the strike was legal or illegal. The apex
court decided the matter in the light of conflicting opinions rendered by itself in other decisions
of the smaller bench.

The apex court held that the strike can be held illegal if it contravenes the provisions of the
Industrial Disputes Act, 1947. For the purpose of deciding the legality of the strike the Court had
to take certain things into consideration such as; whether the demands of the workmen like pay
scale, service issues were justified or not. The Court stated that in every case the detailed
inquiry on facts and circumstances of the strike shall be taken into consideration.
The SC held that the strike is a result of a long struggle between the employer and the
employee. It is the last weapon available to the employees in order to allow their demands to be
fulfilled by the industry. The court stated it as an abnormal act and the Industrial Legislation
doesn’t deny the worker’s right to protest and it seeks the concept of the strike to be regulated
with the right of the employer to lockout and provide machinery for peaceful inquiry and
settlement of disputes between them. The court ordered the employer to pay the workers for
the “strike period”.

11. Excel Wear v. Union of India, 1979 AIR 25, 1979 SCR (1)1009

In this case, Excel Wear is a garment manufacturing firm/petitioner having 400 employed
workers in its firm. The relationship between the employer and emp

loyee deteriorated as the workers became very militant and aggressive. The appellant was the
management of Excel Wear. The workers of the company started doing unjustifiable strikes.

The petitioner approached the government-respondent for the closure of the undertaking. The
Government disallowed the closure of the undertaking.

Aggrieved from the order of the government/respondent, the appellant approached the
Supreme Court of India. The apex court held that the right to business is not equal to the carry
on business as both things can’t go together. The court further held that the right to close the
business is not an absolute one and can be restricted and regulated by the legal provisions.

The Constitutionality of Section 25(o) of the Industrial Disputes Act, 1947 was scrutinized and
the court found it unconstitutional. The said section didn’t require the government to provide
any reasons for the closure of the business. However, in this case, as the workers had become
violent, it was not safer for the employer to continue the business.

The Court added that the employer’s life can’t be put at risk.

11.Municipal Corporation of Greater Bombay v. Labour Appellate Tribunal of

India, AIR 1957 Bom 188

This question of retrenchment was discussed in this case. The term “retrenchment” means the
termination of the employee by the employee for reasons other than awarding punishment by
way of disciplinary action, as defined under Section 2 (gg)(oo) of the Industrial Disputes Act,
1947. The section also states providing compensation to the employee. Retrenchment of
employees is generally done so as to relieve them from a job in good faith.
In this case, the employee company sent the show-cause notice to the employer with regard to
some misconduct as an inquiry was held. The employee was found guilty and thus unfit for the
company. So, the company terminated him from the service.

The claimant filed the petition against the company for reinstatement and compensation as he
claimed that the company had illegally terminated him. The Labour Court found merits in the
case and allowed the claim of the claimant.

Aggrieved from the order of the Labour Court the appellant approached the High Court of
Bombay. The Bombay High Court held that there was no retrenchment in this case as the
claimant was removed on the basis of the disciplinary proceedings initiated against him. The
High Court further held that retrenchment can only take place when the employer is relieved
from the services in good faith and not as a disciplinary action taken as a punishment.

12.Management of Kairbetta Estate, Kotagiri Po v. Rajamanickam, 1960 AIR

893, 1960 SCR (3) 371

In this case, Ramkrishna Iyer the manager of the appellant was violently assaulted by the
workers which resulted in serious injury along with multiple fractures. The staff of the company
was also threatened by the workers. The staff of the lower division denied going on work in the
lower division as a threat to their lives. The management closed the company’s lower division
for a period of time.

The respondents filed a complaint in the Labour Court under Section 33A of the Industrial
Disputes Act, 1947 as they contended that the work in the division was stopped without any
prior notice. The said section deals with the adjudication of the disputes whether the conditions
of the service changed during the pendency of the proceedings. The respondents also claimed
compensation for the layoff as under Section 25 of the Industrial Disputes Act, 1947. The Labour
Court allowed the claim of the respondents.

Aggrieved from the order of the Labour Court the appellant approached the apex court. The
apex court while deciding the issue made the distinction between the layoff and the lockout and
held that the present case was “lockout” not “lay-off” as there was a work stoppage initiated by
the management of the company due to the labour dispute. In the layoff, the management has
to provide compensation if the work is stopped due to different reasons such as shortage of coal
or anything similar.

The lockout was a tool available to the employer to force his demands against the employee.
The Supreme Court held that in this case, the workmen had become aggressive and went out of
control of the employer and not adhering to his request, so the employer can make a closure
and such closure shall be considered as a lockout not layoff, hence no compensation shall be
provided to the workman.
13. Indian Express Newspaper v. State of West Bengal (2005) IILLJ 333 Cal

In this case, the appellant was Indian Express, a print media agency. The claimant was posted in
the Calcutta office of the appellant the Indian Express. The claimant was transferred to Bombay
from the Calcutta office but he didn’t join the office at the prescribed time. The appellant served
him with show-cause notice and the domestic inquiry was conducted against him. Subsequently,
the appellant terminated him from the service.

An industrial dispute had arisen and it was referred for adjudication by the Government of West
Bengal/respondent. The appellant contended that the reference had no jurisdiction in the case,
the appropriate government for the referral was not the Government of West Bengal, as the
claimant was transferred to Bombay.

The dispute was sent before the Labour Court for adjudication, and the court held that the
appropriate government was the Government of West Bengal.

Aggrieved from the order of the Labour Court the appellant approached the High Court of
Calcutta. The High Court stated that the situs of the employment needs to be kept in mind as to
where the dispute arose. The court held that the transfer order was made to Bombay and mere
the presence of the termination order at Calcutta doesn’t provide the cause of action to the
State of West Bengal for adjudication.

The situs of the employment is more important than the control of the employer over the
employee for the purpose of referring to the dispute before the Industrial Tribunal.

14. Bata Shoe Co. Ltd. v. D.N Ganguly, 1961 AIR 1158, 1961 SCR (3) 308

A dispute arose between the Bata Company/appellant and the workers/respondent. The dispute
went in course of the conciliation where the parties in disputes amicably reached a settlement.
However, after the settlement, the workers went on strike. The company claimed the strike as
illegal and irrelevant in light of the settlement done by the respondent. The company held the
inquiry and dismissed the workers who had gone on strike.

With regard to the dispute of termination of workers, the conciliation proceeding was again
preferred reaching an agreement signed by both parties of the dispute. However, in the whole
process of conciliation, no conciliation officer was present.

The question in issue before the apex court was whether the settlement was done by the
company and the workers were as per as provided under Section 12 and Section 18 of the
Industrial Dispute Act, 1947. The apex court held the settlement at which the parties had arrived
was according to the provisions of the sections provided under the Industrial Dispute Act and
the settlement was binding over the parties as they can’t deny the terms at which they had
arrived upon at the time of settlement.
However, the court further held that the second settlement done by the parties after the first
one was non-binding as it was contrary to the provided provisions of the Industrial legislation.

14. M/S Kasturi and Sons Pvt Ltd. v. N. Salivateswaran, 1958 AIR 507

In this case, the respondent/Salivateswaran used to work with the private newspaper company
appellant- The Hindu. The respondent was a journalist who used to share the news with
different journals, newsagencies. He worked in the said company on an honorarium basis.
Contrary to the advice and instructions of the appellant the respondent left India for Zurich and
came back after a short period of time. The appellant relived him from his services, under the
arrangement he was supplying news to the company. On his return to India, he requested the
company to reconsider his termination decision but the company refused reconsideration. The
respondent approached the Labour Minister of Bombay against the order of the company
under Section 17 of the Working Journalist Act, 1955. The State of Bombay on receiving the
application of the respondent appointed M.R Mehar (Retired ICS) as the second respondent for
the inquiry in the application of the First respondent’s claim.

The appellant contended on the basis of the jurisdiction issue, but respondent no-2 found that it
was having the appropriate jurisdiction to inquire of the matter as under Section 17 of the
Journalist Act.

Aggrieved from the order of the appointed respondent the appellant filed a petition in the
Supreme Court with regard to the arising jurisdiction issue in the matter.

The apex court in this case exhaustively dealt with Section 17 of the Working Journalist Act in
this case. The court said that Section 17 of the said act was similar to Section 33C of the
Industrial Disputes Act. The Court further held that Section 17 of the act, provides the
mechanism for the recovery of the amount which is due from the employer towards his
employee. However, the same can only be done once the due amount is decided by the Labour
Court.

15.Randhir Singh v. Union of India, 1982 AIR 879

In this case, petitioner Randhir Singh was a driver working with the Delhi Police Force. He
claimed that his salary was not as per standard with the other drivers working in the Delhi
Administration. It was stated that the drivers of the Delhi Administration perform a similar
function as the drivers of the other department.

The apex court while dealing with the matter said that the Constitution of India doesn’t include
the provisions for equal pay, and so it can’t be kept under the ambit of the fundamental right.
However, Article 39(d) of the Constitution of India provides the provision for equal pay for equal
work for both man and woman, and it is included under the Directive Principles of the State
Policy.
The apex court interpreted Article 14 and Article 16 of the Constitution of India in the light of
the Directive Principles of the State Policy as provided under Article 39(d) and construed the
principle of equal pay for equal work. According to such interpretation, the apex court ordered
the Delhi Police to fix the salary of the driver in accordance with the other drivers working under
the Delhi Administration.

16.Bandhua Mukti Morcha v. Union of India, 1984 AIR 802

In this case, the petitioner- an association wrote a letter to Justice P.N Bhagwati with regard to
the poor condition of the large number of reinforced workers who were working in the stone
quarries in some part of Faridabad, Haryana. The association described the brutal and
insufferable conditions of the labourers and stated the different provisions of the Constitution
of India that was not being actualized with respect to these workers. The petitioner in the letter
referred to the name of the stone quarries and the point of interest of the workers to be
implored under a writ as the different social welfare legislation provides for the same.

The letter of the petitioner was treated as a writ petition and the apex court constituted a
commission for the inquiry into the truth of the matter as stated by the petitioner. The
commission inquired into the matter and found the statement of the petitioner to be true as
bonded labour existed there, and there were severe violations of the labour laws.

The apex court on the basis of inquiry made by the commission held the petition maintainable
stating that it was the duty of the state government to make rectification as it failed to ensure
proper compliance of the labour laws. The apex court further added that the workmen were
being held under bondage and in pathetic condition, and it not only violated the Constitutional
provision of Article 21 but also the human right laws. Such act of the stone quarries companies
had curtailed the fundamental rights of the petitioner as Article 21 provides that the “right to
live with dignity” is a part of the fundamental rights and the onus is on the State for proper
compliance of such rights if it is curtailed.

17.People union for Democratic Rights v. Union of India, 1982 AIR

1473
In this case, the PUDR, which is an organization formed for the purpose of protecting the
democratic rights of the Citizen, appointed three scientists for the purpose of inquiry to be
made in the ASIAD Projects.

Based on these investigations, the petitioner wrote a letter to Justice P.N Bhagwati which
further transformed into Public Interest Litigation. In the letter, allegations of violation of
various labour laws were stated and the apex court was requested to intervene in the issue. The
letter was treated as a writ petition by the Supreme Court and notices were issued to the Union
Government, Delhi Development Authority and the Delhi Administration.
The major allegations made in the letter were the violation of the Equal Remuneration Act,
1976 as the women workers were not paid properly and there was a misappropriation of
money. There was a violation of Article 24 of the Constitution of India and the Employment of
Children Act, 1938 and 1970 as the children below 14 years were deployed at the construction
site by the contractors. There were also violations of the Contract Labour (Regulation and
Violation) Act, 1970 which had resulted in the exploitation of the workers and denial of their
various rights.
Grey Areas Related to the Current Labour Reforms
 Inspector cum Facilitator: The new codes have thrown light on the role of
an "Inspector-cum-Facilitator" who has the responsibility of checking for compliance
as well as facilitating businesses in achieving that compliance
o The "facilitator" role seems to be a new element and this role could clash with
the traditional responsibilities of an "inspector".
 Lack of Clarity in Defining Workers and Employees: More clarity was needed
regarding matters such as the distinction between workers and employees, overtime
compensation (particularly in light of Covid's remote working policies) and
the relationship between organisations and the gig workers.
 Small Startups and Informal Sector Left-out From Social Security Coverage: There are
no specific provisions for social security of employees in small startups, Micro, Small
and Medium Enterprises or workers in small establishments having less than 300
workers.
o Migrant workers, self-employed workers, home-based workers, and other
vulnerable groups in rural areas are not covered under social security benefits.
o This would enable companies to introduce arbitrary service conditions for their
workers.
 Non-Inclusion of Charitable or Non-Profit Based Establishments: Code on
Occupational Safety, Health and Working Conditions does not include charitable
or non-profit based establishments.
o In fact, there is no central legislation which lays down the law governing charity
or charitable organisations in India.
 No Recognition for Invisible Labour: Invisible labour is the part that goes unnoticed
and unrecognised and is thus unregulated.
o Generally, unpaid work is called Invisible labour.
 Childcare, household work, looking after the elderly are some examples of
unpaid work and constitute invisible labour.
o A majority of invisible workers are women, and they have the most tedious
work schedules with no weekends off, no working hours, no vacations, no
recognition, thankless chores.
o With the introduction of the four new codes, none of the new codes talk about
invisible labour. Invisible labour has the most tedious work profile with no
weekend offs, no working hours, no vacations, no recognition, thankless chores,
and of course are unpaid too.
What Should be the Way Forward?

 Vocational Training: Establish recognising/accrediting agencies for vocational training

institutes is necessary to optimise and empower India’s labour workforce.
o There is a need to develop a framework to interlink vocational training and
academic education in order to facilitate inter-stream movement of students
and vocational trainees.
 Social Security: State governments should enact legislation for the welfare of
unorganised workers, which should clearly identify the resources to be raised, benefits
to be given as well as the institutional mechanism.
o There is also a need for welfare services to the unorganised workers such as
compensation for accidents at work, death, and old age pension in the ‘risk cover
mode’.
 Employment Information Service: To support the new initiatives to provide
employment guarantees in backward districts, employment information services need
to be provided through e-governance.
o Information regarding employment opportunities should percolate to the lowest
level from both private and public sectors.
 Integrating Problem Solving with Forward Looking Approach: Most of the provisions
of the Codes address the past demands and discrepancies, acting as restorative
justice for the past harms.
o It is also essential that we adopt a futuristic approach when it comes to
protecting workers and handling disputes regarding Automation and
Robotics, AI-powered workforces, and bioengineering, which may hamper
workers' rights in the future
What are the Issues and Challenges related to Social Security
Policies and their Implementation?
 Lack of adequate budgetary allocation: The National Social Security Fund was set up
for unorganized sector workers with an initial allocation of just ₹1,000 crore, which
was far below the estimated requirement of over ₹22,841 crore.
o This shows that the government has not prioritized social security as a key
component of its development agenda and has not allocated sufficient resources
to meet the needs of the vulnerable sections of the society.
 Poor Fund Utilization and Management: The funds allocated for social security
schemes have not been utilized effectively or efficiently. For example, the CAG audit
revealed that ₹1,927 crore accumulated in the National Social Security Fund since its
inception had not been utilized at all.
o Similarly, the cess collected for the provision of social security to construction
workers in Delhi was poorly utilized, with approximately 94% of the money
remaining unspent.
o These examples indicate that there are gaps in the fund management and
monitoring systems, which result in wastage and underutilisation of public
money.
 Corruption and Leakage: Another challenge related to social security policies and their
implementation is corruption and leakage of funds. In the case of Haryana, where
the CAG noted that the direct benefit scheme of the State’s Social Justice and
Empowerment Department had seen the transfer of ₹ 98.96 crore to the accounts of
deceased beneficiaries.
o This suggests that there are loopholes in the identification and verification of
beneficiaries, as well as in the delivery mechanism of social security benefits.
o Moreover, there are instances of fraud, bribery, nepotism, and political
interference in the allocation and distribution of social security funds.
 Inadequate Coverage and Benefits: There is also a persistent issue of inadequate
coverage and benefits of social security schemes in India. For instance, the
contribution by the Centre to old-age pension schemes has stagnated at ₹200 a
month since 2006, which is below the minimum wage per day.
o Moreover, the eligibility criteria for some of the schemes are very restrictive and
exclude many deserving beneficiaries. For example, the National Social
Assistance Programme focuses on old-age poor individuals with no able-bodied
earners in their household, who are eligible to earn a monthly pension of ₹75.
 This leaves out many poor elderly people who may have some earning
members in their household but still face economic hardship and
insecurity.
 Budgetary Cuts: The reduction in budgetary allocations for the Mahatma Gandhi
National Rural Employment Guarantee Act (MGNREGA) suggests a lack of
prioritization for social welfare and rural employment generation.
 Technology and Digital Divide: Many social security schemes are transitioning to
digital platforms for registration and disbursement of benefits. However, a significant
portion of the population, particularly in rural areas, may lack access to technology and
the internet, creating a digital divide that hampers their participation in these
programs.
 Informal Labor Sector: Approximately 91% (or around 475 million) of India’s workforce
works in the informal sector, which often lacks job security, benefits, and access to
formal social security programs.
Challenges with Social Security in India
 Lack of Competition: The monopoly held by the EPFO and Employees’ State
Insurance (ESI) on work-related social security payments has negative effects on
employers (high prices and corruption pressures), employees (bad treatment and
disdain), and society (making informality more profitable than formality).
 Flawed Design of EPFO: With the rise of contractual employment, most employees
have multiple employers.
o The current design of EPFO, records are linked to employers rather than to the
thousands of orphaned accounts held by employees with the last estimate putting
unclaimed balances at over ₹25,000 crore.
 Issue of Sustainability: The EPS diverts 8.33% of a subscriber’s salary to a defined-
benefit plan. However, EPS fixes both pension benefits and contributions.
o The employers contribute 12 percent of basic wages towards social security
schemes the EPFO runs.
o 8.33 percent out of the 12 percent contributed by the employers goes into the EPS.
The remaining 3.67 percent is credited into the Employees Provident Fund.
o The November 2022 court decision declared the scheme unsustainable.
o It upheld the right to choose a greater pension by making unrestricted salary
contributions to the EPS has made the plan even less sustainable.
 Limited Budget Spending: Policies are announced, but the budgetary allocation is
inadequate with poor scheme utilization.
o Ex- the National Social Security Fund was established in FY11, with a meagre ₹1,000
crore allocation in comparison to the estimated requirement of about ₹22,841 crore.
o A Comptroller and Auditor General of India (CAG) audit on the scheme in FY17
identified that ₹1,927 crore (the entire amount accumulated since inception) had
not been utilised.
 Challenges with the Code on Social Security (2020): It dealt fundamentally with
formal enterprises and did not cover informal ones.
o The current Code does not cover informal workers as well as the contract workers
who shift from one occupation to another in search of their livelihood. Ex-
Construction workers.
o Moreover, it depends on the size of the enterprise in terms of the number of
workers.
 Challenge with Formalisation of Workers: The registration of all the establishments
(estimated to be over 65 million (6.5 crore) out of which two-thirds are in
the unorganised sector) is a challenge.
o The e-Shram portal burdens the registration burden on informal workers, who are
required to present a self-declaration and share their Aadhaar card.
o There is no responsibility/incentive given to their employer (even temporary) to
foster registration.
o Bringing employers into the process would have formalised employee-employer
relationships.
Best Global Practices: General Social Security Scheme of other nations

Brazil
It is contribution-based and substitutes income loss for a worker (and his family), whether in
partial or full.
 Unemployment insurance is paid from worker support funds, and health care is
covered through the Unified Health System.
 Social security benefits can be availed of with a simple phone call or a visit to a bank,
with no requirement to submit endless documents, as highlighted in Brazilian Good
Practices in Social Security.
Germany
Germany has a well-developed social security system that is based on the principle
of social insurance, where workers and employers contribute to various schemes
that provide pensions, health care, unemployment benefits, long-term care, and
family allowances.
o India can learn from Germany’s model of social insurance, which is
widely accepted and trusted by the public and provides adequate
protection and incentives for workers.
Singapore
Singapore has a unique social security system that is based on the principle of
individual savings, where workers are required to save a portion of their income in a
central provident fund that can be used for retirement, housing, health care, and
education.
o India can learn from Singapore’s approach of promoting personal
responsibility and asset accumulation, as well as providing flexibility
and choice for workers to manage their savings .
Best State Practices
 The Madhya Pradesh Unorganised Workers Welfare (MP) Act of
2003 offers an effective model for raising resources to fund universal social
security, mandating employers to pay 5% of wages as a cess.
 It also mandates additional cesses on various state-level taxes and
royalties to provide the government’s contribution to a single social security
fund.
Welfare measures in various states
Below are some of the measures undertaken at the state level for social security and
welfare purposes in India.

West Bengal
Kanyashree Prakalpa (Bengali: কন্যাশ্রী) is an initiative taken by the Government of West Bengal to
improve the life and the status of the girls, by helping economically backward families with cash so
the families do not arrange the marriage of their girl child before 18 years because of economic
problems. The purpose of this initiative is to uplift those girls who are from poor families and thus
can't pursue higher studies due to tough economic conditions. It has been given international
recognition by the United Nations Department of International Development and the UNICEF.

The scheme has two conditional cash benefit components:

1. The first is K1, an annual scholarship of ₹1,000/- to be paid annually to the girls from
13 to 18 years of age group for every year that they remain in education, provided
they are unmarried at the time. Originally, in 2013–14 and 2014–15, the annual
scholarship was ₹500/-.
2. The second benefit is K2, a one-time grant of 25,000/-, to be paid when girls turn 18,
provided that they are engaged in an academic or occupations pursuit and are
unmarried at the time.
The term 'education' encompasses secondary and higher secondary education, as well as
the various vocational, technical and sports courses available for this age group. Although
the annual scholarship is payable only when girls reach Class VIII, this criterion is waived for
girls with special needs whose disability is 40% or more.
Recently, the bar of income has been withdrawn by the State Government, thus every girl
can apply for this scheme. The scheme was previously only open to families whose annual
income was equal to or less than ₹1.2 lakh (US$1,500), but girls with special needs, i.e. girls
who have lost both parents, as well as for girls residing in Juvenile Justice homes, had this
criterion waived.
Tamil Nadu
Amma Unavagam (Tamil: அம் மா உணவகம் ) is a food subsidisation programme run by
the Government of Tamil Nadu in India. It is a first of the kind scheme run by any government in
India. It has been an inspiration for many states like Odisha, Karnataka and Andhra Pradesh which
later proposed similar schemes seeing its success.[58]
Under the scheme, municipal corporations of the state-run canteens serving subsidised food at low
prices.[59] The genesis of the scheme could be traced to the concept of rural restaurants promoted
by Nimbkar Agricultural Research Institute.[60] The literal meaning of the name of the scheme Amma
Unavagam is Mother's canteen. Amma translates to mother in Tamil, but is also a reference to Chief
Minister J Jayalalithaa, who introduced this restaurant chain as part of government schemes aimed
at aiding economically disadvantaged sections of society.[61]
Social Security in India: Reforms Needed to Accelerate
Formalization

 Universal Social Security: The time has come for India to consolidate its existing social
security schemes/ad hoc measures and provide universal social security to its entire
labor workforce. With jobs becoming increasingly on-demand and hire/fire policies
proliferating, India’s workers are increasingly insecure on the job front.
o To have the fruits of growth trickle down while offering a sense of social
security, policymakers must discard traditional supply-side economic theories
to embrace policies that enable equitable growth.
 Expanding EPFO Contribution: For formal workers, expanding contributions to
the Employees' Provident Fund Organisation (EPFO) system can provide increased
social security. This involves both employers and employees contributing to the fund.
o Partial Contributions for Informal Workers: Informal workers with meaningful
income, whether self-employed or in informal enterprises, could make partial
contributions.
 Encouraging informal enterprises to formalize and contribute could be part
of this approach.
 Government Support for Vulnerable Workers: Providing government subsidies or
social assistance to those unable to contribute due to unemployment,
underemployment, or low earnings ensures that everyone has access to basic social
security support.
 Digitization and e-Shram Platform: Investing in digital platforms and data systems
streamlines the registration, verification, delivery, monitoring, and evaluation of social
security services, improving efficiency and transparency.
o The e-Shram platform's expansion and digitization efforts have enabled the
enrollment of millions of workers and extended insurance coverage.
 However, the burden of registration should not solely rest on informal
workers; involving employers could encourage formalization.
 Mandatory Social Security for Employers: Implementing mandatory social security
entitlements for employees, enforced by their employers, would foster formalization
and accountability in employee-employer relationships.
 Pan-India Labour Force Card: Introducing a nationwide labor force card could simplify
the registration process and expand social security coverage beyond the construction
and gig worker sectors.
 Expanding Successful Schemes: Successful schemes like the Building and Other
Construction Workers Schemes could be expanded to cover a broader range of
workers. This might require revisiting certain restrictions, such as the cooling-off
period, for improved benefit portability.
 Addressing Specific Worker Groups: Special attention should be given to vulnerable
worker groups, such as domestic workers and migrants. Expanding coverage of social
services like child care and organizing efforts for domestic workers could provide them
with more stability.
 Strengthening Existing Schemes: The govt may also strengthen existing schemes, for
example the Employees’ Provident Fund (EPF), the Employees’ State Insurance
Scheme (ESI), and the National Social Assistance Programme (NSAP), with budgetary
support and expansion of coverage.
 Administrative Simplification: There is a need to simplify the administrative
framework of social security programs. For example, the existing social security
framework for unorganized workers has become complex, with overlapping areas of
authority between the State and Centre, and confusing definitions being used such as
between a platform worker, an unorganized worker and someone who is self-
employed.
 Raising Awareness: There’s a need for a more significant push to raise awareness
about social security to ensure that more workers are aware of the available
benefits. Organizations such as the Self-Employed Women’s Association
(SEWA) which run Shakti Kendras (worker facilitation centers), may be funded to run
campaigns (especially for women) to provide greater information on social security
rights, along with services and schemes that the government offers.
 Migrant Data Collection: Data task force on ‘International Portability of social
security funds’ recommended that data on the susceptibilities and needs of
migrants should be collected and analysed for the efficiency of social protection
systems.
o This would facilitate the computation of the potential financial implications
of transferable benefits and the estimation of the labour migrants’ effective
social protection coverage.
 Social Security Fund: The fund, proposed in the Social Security Code, 2020 would be
a step toward universal social security for workers.
CONCLUSION

Social security is of great importance to developing and underdeveloped countries which

aims at large scale rapid industrialization. It helps in improving morale of employees by
providing sense of security to them against various industrial hazards, occupational diseases
and any other types of unfair practices.
The main objective of social security is that a citizen to his country’s welfare should be given
protection against certain hazards of life.

There are several legislative acts that are providing social security to workers in India.
These legislations provide social security to workers from each and every contingencies like
risks and mishaps which they are exposed to:
(i) “Employee’s provident fund and Miscellaneous provision 1952: It emphasis on
employee’s pension and family pension.

(ii) Payment of gratuity Act 1972: It provides reward for providing a decent and long service
of an employee towards his organization.

(iii) Workmen’s Compensation Act 1923: It aims to provide medical care. Periodical
payment during sickness and industrial accident/ occupational diseases to which a worker is
expected to while on the job.

(iv) Employee’s State Insurance Act: The Act provides insurance to employee’s at a highly
economical premium and providing all types of insurance coverage for meeting different
contingencies during his life and giving a handsome amounts after death to the family
members.

(v) Maturity Benefit Act: It covers pregnancy, confinement their consequences and medical
care before and after delivery of the child.

(vi) Group Insurance. Employees are given life insurance policies at very nominal premium
as compared to individual insurance.

(vii) Payment of Wages Act 1936. Ensures timely right salary after permissible deduction to
the employees.

(viii) The Minimum wages Act 1948--- It safeguard the workers to get minimum wages from
their respective employers at the prevailing price index.
(ix) The Factories Act 1948: It is wide act which provide security to workers against health,
cleanliness, safety good working condition and employment of women and children

Note: “All these Acts have been discussed in detail in the relevant chapter. Please refer for
details.”
Besides these important Acts social security is being provided to different segment of
employees by these sub acts like.
(i) Coal Mines Provident and Bonus scheme Act 1948.
(ii) The plantation labour Act 1951.
(iii) Assam Tea Plantation Provident Act 1955.
(iv) Personnel Injuries (Compensation Insurance) Act , 1963
(v) Seamen’s Provident Act 1968. Beside these above mentioned Act.
There are certain other schemes introduced at different levels for the purpose of providing
social security measures with different condition.

Suggestions:

There is a need for more robust policy implementation, proper allocation of funds,
transparent utilization of resources, and efficient oversight mechanisms. Without
addressing these issues, the intended beneficiaries of social security programs may continue
to face challenges and inadequate support. The Code on Social Security proposed by the
government in 2020 is a positive step towards providing a statutory framework for social
security for various categories of workers, including those in the gig economy and informal
sectors.
BIBLIOGRAPHY/WEBLIOGRAPHY PRIMARY & SECONDARY SOURCES

LAW COMMISSIONS REPORTS:

 Royal Commission on Labour in India (1931)

 Labour Investigation Committee (1946),
 National Commission on Labour (1967),
 Commission on Women & Labour (1974-88),
 National Commission on Rural Labour (1991) and Second National Commission on
Labour (2002).
 Administrative Reforms commission on Reports
 Social security report
 Gender gap index
 Law commission Report
 Indian labour organisation
 Finance commission report
 Ministry of labour report
 Ministry of child and women report

ACTS AND MANUAL

Statutes Having Some Bearing On Or In Relation To social security :

 The Factories Act, 1948
 The Plantations Labour Act, 1951
 The Mines Act, 1952
 The Indian Railways Act 1890
 The Dock Workers' (Regulation of Employment) Act, 1948
 The Merchant Shipping Act, 1958
 The Motor Transport Workers' Act, 1961
 The Shops & Commercial Establishments Act (Central & State Acts)
 The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
 The Mica Mines Labour Welfare Fund Act, 1976
 The Iron Ore Mines, manganese Ore Mines and Chrome Ore Mines Labour
 The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess
Act, 1976
 The Bidi Workers Welfare Fund Act, 1976
 The Bidi Workers Welfare Cess Act, 1976
 The Dock Workers' (Safety, Health & Welfare) Act, 1986
 The Labour Welfare Fund Laws (Amendment) Act, 1987
 The Payment of Wages Act, 1936
 The Minimum Wages Act, 1948
 The Payment of Bonus Act, 1965
 The Workmen's Compensation Act, 1923
 The Employees' State Insurance Act, 1948
 The Employees' Provident Funds & Miscellaneous Provisions Act, 1952
 The Maternity Benefit Act, 1961
 The Employees' Family Pension Scheme, 1971
 The Trade Unions Act, 1926
 The Industrial Employment (Standing Orders) Act, 1946
 The Industrial Disputes Act, 1947

Miscellaneous

o The Children's (Pledging of Labour) Act, 1933

o The Child Labour (Prohibition and Regulation) Act, 1986
o The Collection of Statistics Act, 1953
o The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959
o The Apprentices Act, 1961
o The Bidi and Cigar Workers (Conditions of Employment) Act, 1966
o The Contract Labour (Regulation and Abolition) Act, 1970
o The Equal Remuneration Act, 1976
o The Bonded Labour System Abolition Act, 1976
o The Sales Promotion Employees' (Conditions of Services) Act, 1976
o The Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979
o The Emigration Act, 1983
o The Building and Other Construction Workers (Regulation of Employment and
Conditions of Services) Act, 1996 and The Building and Other Construction
Workers Cess Act 1996.

JOURNALS & PERIODICALS

• All India Criminal Law Reporter

• All India Reporter
• American Sociological Review
• Apex Criminal Judgements
• Banaras Law Journal
• Calcutta High Court Notes
• CBI Bulletin
• Criminal law Journal
• Delhi Law Times
• ILI Law Review
• International Journal of Social Science and Interdisciplinary Research (IRJC)
• Karnataka Law Journal
• Kashmir University Law Review
• Orissa law Review
• Supreme Court Cases
• The Indian Journal of Legal Studies
BOOKS:
• Le travailleur salarié en droit de l'Union européenne : Colloque du 8
novembre 2018 by Philippe Icard
• SARMA, A. M.1981. Aspects of Labour Wefare and Social Security,
HimalayaPublishing House, 1981.
• REDDY, R.J.2004. Labor Wefare and Personnel Service, APH Publishing,2004.
• . MAMORIA,C. B. 1966. Labor Problems and Social Welfare in India, Kitab
Mahal,1999
• A History of America in Ten Strikes (2018) – Erik Loomis
• Ranga Reddy , “Dimensions Of Crime And Corruption In India”, 2005, Serial
Publications, New Delhi Ahmad Siddique, “Criminology”, 2001,

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