Evolution of Beedi and Cigar Workers in Respect of Shankar Balaji Waje Case
Keywords:
Worker, leave wage, bidi factory workers, case analysis, factories act, beedi and cigar actAbstract
Beedi and Cigar worker constitutes a large chunk of working population, it becomes necessary to critically examine the applicability of labor laws on their working condition. In various cases, the workers working in Beedi factories are not even considered as workers. Labor laws are made with the objective to safeguard workers’ right and make employment more secure for the labors. Furthermore, they ensure fair and reasonable working conditions against exploitation. They ensure employment
related disputes are solved by statutory body recognized by State. Therefore, in this paper we will look into various judgements and statutes to determine whether Beedi and Cigar workers also considered as workers or not, in India. We found that there was no clarity in the judgements as to who would be categorized as workers. Consequently, the act came which clearly brought Beedi and Cigar workers under the purview of definition of workers. Hence, the four new codes consider Beedi and Cigar workers
as workers. It is the clear intention of the legislature that the labor laws are made for the betterment of all the classes of labor and to uplift the quality of livelihood among all the working class. From now onwards, every worker working in the factory involved in the manufacturing of Beedi and Cigar will get all the benefits like paid leaves, job security, provident fund, and many more.
References
1. International Labour Organization. (1948). The Factories Act, 1948, No. 63, Acts of Parliament, 1948 (India). [Online] Available at https://ruralindiaonline.org/en/library/resource/the-factories-act- 1948/?gclid=CjwKCAjww7KmBhAyEiwA5-PUSpk9tmdFPz8lhLAXAFgt6YtZM8aFm4toaB1- HCZXzcezOBYIWEZROhoCX1QQAvD_BwE [Accessed on August 2023]
2. Shankar Balaji Waje v. State of Maha rashtra, 1962 Supp (1) SCR 249 (India). [Online] Available at https://indiankanoon.org/doc/98513/ [Accessed on August 2023]
3. Shri Birdhichand Sharma v. First Civil Judge, Civil Appeal No. 370 of 1959, decided on December 9, 1960. [Online] Available at https://indiankanoon.org/doc/1203044/ [Accessed on August 2023]
4. Mahawar S. (2022). Factories act, 1948. iPleaders. [Online] Available at https://blog.ipleaders.in/ factories-act/#:~:text=Salient%20features%20of%20Factories%20Act%2C%201948&text=The% 20Act%20increased%20the%20minimum,7%20p.m.%20to%206%20a.m. [Accessed on August 2023]
5. Chintaman Rao v. State of M.P., 1958 SCR 1340 (India). [Online] Available at https://indiankanoon.org/doc/1256541/ [Accessed on August 2023]
6. The Beedi and Cigar Workers (Conditions of Employment) Act,1966, ACT NO. 32, Act of Parliament, (India). Available at https://www.ilo.org/dyn/natlex/ natlex4.detail?p_lang=en&p_isn=27797#:~:text=An%20Act%20to%20provide%20for,care%20facilities%2 0for%20working%20mothers. [Accessed on August 2023]
7. Arora M, Datta P, Barman A, Sinha P, Munish VG, Bahl D et al. (2020). The Indian Bidi industry: trends in employment and wage differentials. [Online] Frontiers. Available at https://www.frontiersin.org/articles/10.3389/fpubh.2020.572638/full [Accessed on August 2023]
8. International Labour Organisation. (2020). Bidi Sector in India: a note . [Online] Available at https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---sro- new_delhi/documents/projectdocumentation/wcms_125466.pdf [Accessed on August 2023]
9. Genesis Public Relations. Bidi industry in India workers and livelihoods: women and children. [Online] Available at https://assets.tobaccofreekids.org/global/ pdfs/en/IW_facts_products_bidis_livelihoods.pdf [Accessed on August 2023]
10. Mangalore Ganesh Beedi Works v. Union of India, (1974) 4 SCC 43 (India). [Online] Available at https://indiankanoon.org/doc/1534931/ [Accessed on August 2023]
11. P.M. Patel & Sons v. Union of India, (1986) 1 SCC 32 (India). [Online] Available at https://indiankanoon.org/doc/1050814/ [Accessed on August 2023]
12. New India Assurance Co. Ltd. v. A. Sankaralingam, (2008) 10 SCC 698 (India). [Online] Available at https://indiankanoon.org/doc/1772273/ [Accessed on August 2023]
13. Bidi Workers Welfare Fund Act, 1976, NO. 62, Acts of Parliament, 1976 (India). [Online] Available at http://labour.telangana.gov.in/content/ActsRules/TheBeediWorkers WelfareFundAct1976.pdf [Accessed on August 2023]
