The Department
A
Secretary to Government heads this department. This department
seeks to facilitate harmonious industrial relations in the
state and to enforce various labour laws. There are a number
of welfare schemes for different sections of workers. A
number of welfare fund boards also function under this department.
In Industrial disputes the department is the instrument
for conciliation and conflict resolution between the labour
and management. The labour Commissioner is the head of the
field department.
Organisational and Functional
Details
The
honourable Minister for Labour is assisted by the Secretary
to Government, Labour and Rehabilitation Department in the
Government Secretariat, 4 Joint Secretaries, 4 Under Secretaries,
Section Officers, Assistants and other ancillary staff.
As
for the State Department of Labour, the Labour Commissioner,
is the head of the department. The most important aims and
objectives of the department include maintenance of peaceful
atmosphere in the labour sector as a whole; ensure co-operation
and healthy relation between the employers and the employed;
systematic implementation of the various labour laws (numbering
27 Central/State Acts and Rules) throughout the State etc.
2
Additional Labour Commissioners (one for 'industrial relations'
and the other for 'enforcement') having state-wide jurisdiction
assist the Labour Commissioner at the headquarters. Besides
them, Joint Labour Commissioner, 1 Deputy Labour Commissioner,
1 District Labour Officer (HQ) and 1 Assistant Labour Officer
(HQ) are functioning at the Commissionerate. Further, 1
Administrative Officer, 1 Finance Officer, 1 Law Officer,
1 Administrative Assistant, 1 Research Officer, 1 Publicity
Officer, 1 PA to the LC, Senior Superintendents, other ministerial
and ancillary staff work in the Commissionerate. At Kollam,
Ernakulam and Kozhikode 3 Regional Joint Labour Commissioners
oversee and control the 25 District Labour Officers and
8 Deputy Labour Commissioners functioning in the respective
regions. In all the revenue districts except Pathanamthitta,
Idukki and Wayanad, there are 2 District Labour Officers
in each district. One of them attends to the general matters
including maintenance of industrial peace in the district
whereas the other officer looks after enforcement of the
Acts and rules. There are 19 Deputy Labour Officers working
in different parts of the state. They are conciliation officers.
Further, there are 12 Inspectors of Agricultural Labour
functioning in all the Districts except Wayanad and Kasargod.
A
total number of 100 Assistant Labour Officers (designated
as grade II) having taluk-wise jurisdiction attend to the
statutory functions at grass-root level throughout the state.
They are controlled by the respective DLO (E)
Chief
Inspector of Plantations with the status of Joint Labour
Commissioner has statewide jurisdiction. He functions as
the Head of the Inspectorate. A separate Inspectorate functions
as the Head of the Inspectorate. A separate Inspectorate
functions for implementation of various labour legislation
in the plantation sector. There are 10 Plantation Inspectors
under him who perform their duties within specific jurisdictional
areas.
Further,
one Joint Labour Commissioner another operates at the Kakkad
Hydroelectric project and the Super Thermal Power Station
at Kayamkulam
The
total strength of the State Labour Department is 1116. The
total approximate annual expenditure of the Labour Department
is Rs. ten crore whereas the total approximate annual receipts
of the Department is RS 92.00 lakh only.
Four
Labour Courts (Kollam, Ernakulam, Kozhikode and Kannur)
and five Industrial Tribunals (Kollam, Alappuzha, Idukki,
Palakkad and Kozhikode) function in the state for adjudication
of cases.
Disclosure
of Information under Section 4(1)(b) of the Act
1.
Organisational and Functional details of Labour and Rehabilitation
Department.
The
business of the State Government is transacted through 38
Secretariat Departments based on the Rules of Business and
the Labour & Rehabilitation Department is one among
them. The organizational and functional details of General
Administration Department are generally applicable to Labour
& Rehabilitation Department also.
The
Labour & Rehabilitation Department is functioning under
the control of a Secretary to Government. There are two
Additional Secretaries, one Joint Secretary and six Under
Secretaries functioning under him. There are 12 Sections
in the Labour & Rehabilitation Department and the work
of the Department is distributed to them. Each section
is under the charge of a Section Officer. Apart from this,
there is an Office Section also functioning under an office
Superintendent.
Following are the sections of the Labour & Rehabilitation
Department dealing with the subjects mentioned below.
(i)
A - Section
Industrial
Disputes of all Districts in Kerala.
Papers
relating to the issuance of NOC for the Installation of
Stone Crusher Units.
Periodical
reports on pending cases of all Labour Courts and Industrial
Tribunals.
All
Labour Disputes falling outside the purview of ID Act
Papers
relating to amendments and modification under Industrial
Disputes Act and files received from other departments for
remarks based on Industrial Disputes Act and Rules.
Declaring
of Industries as Public Utility Services.
(ii)
B - Section
All
Papers relating to Kerala Toddy Workers Welfare Fund Board
except Section 8(5).
All
papers relating to Kerala Labour Welfare Fund Board, Kerala
Laundry Workers’ Welfare Scheme and Kerala Barbers and Beauticians’
Welfare Scheme.
Problems
of workers in the respective categories but falling outside
the purview of the above Welfare Fund Board/Scheme.
All
papers relating to the Department of Factories & Boilers.
All
papers relating to exemption from E.S.I. Act.
(iii)
C - Section
Establishment
matters of Industrial Training Department and Govt. Industrial
Training Institutes.
Administration
Report of Industrial Training Department, RI Centres and
Labour Department.
Establishment
matters of the Labour Department and Staff of Labour Department
working in the Industrial Tribunals.
Budget
Papers of Labour Department
Inspection
Reports of the Accountant General and Audit objections in
respect of Industrial Training Department.
Papers
relating to Public Accounts Committee.
Intensive
job oriented Training Schemes implemented through the Department
of Industrial Training.
The
papers on sanctioning of New Trades and Creation of posts.
Continuance
sanction of temporary posts.
Establishment
of new ITIs.
Administrative
sanction for construction work of ITIs.
Condemnation
of Vehicles of Industrial Training Department.
(iv)
D - Section
Payment
of Gratuity Act (Central Act).
Kerala
Industrial Employees’/Payment of Gratuity Act.
Payment
of Bonus Act.
Beedi
& Cigar Workers Act and Rules.
Beedi
& Cigar Workers Welfare Fund Act.
Labour
Ministers’ Conference.
Labour
Secretaries’ Conference.
Weekly,
Fortnightly and Monthly Statement of Lockout, Lay Off, Retrenchment
Kerala
Beedi and Cigar Workers’ Welfare Fund Board.
Etta,
Kattuvally and Pandanus Leaf Workers’ Welfare Fund Board,
Act & Rules.
Problems
of Workers in the respective category but falling outside
the purview of the above Welfare Fund Boards.
National
Commission on Agricultural Labour.
Consolidation
work of Labour Department excluding papers relating to LA
interpellation, Assurance, Subject Committee etc.
Papers
relating to Plantation Labour Act and Rules, allied matters.
Labour
Policy.
Computerization
and other related papers.
Plantation
State level meetings, follow up action and connected subjects
Papers
relating to the inspection reports in respect of the Training
Department received from Stores Purchase and Finance Departments.
Purchase
of equipment for the Department of Training
Papers
relating to Private Industrial Training Centres.
Training
of Industrial Training Institute and their Associations.
Certificate
holders of ITIs and their Associations.
Apprenticeship
Act and Rules there under.
General
papers relating to the review of plan Schemes.
Five
year Plan and related papers.
(v)
E - Section
Minimum
wages, Minimum Wages Act 1948 and Rules.
Payment
of Wages Act and Rules.
Recommendation
of Wage Board.
Formation
of Wage Board.
Formation
of Minimum Wages Committees.
Contract
Labour ( Regulation & Abolition) Act & Rules.
Industrial
Relation Committee/Board.
Inter-state
Migrant Workmen( Regulation of work and conditions of Service.).
Employees
Provident Fund and Miscellaneous Provisions Act, 1952.
Exemption
from EPF & Miscellaneous Provisions Act.
The
Casual, Temporary and Badali Workers Wages Bill.
Welfare
Funds (Enactment of Bill Only).
The
Equal Remuneration Act and Rules.
The
Sales Promotion Employees (Conditions of service) Act and
Rules.
The
Trade Union Act & Rules.
Motor
Transport Workers’ Act & Rules.
Maternity
Benefit Act and Rules.
Industrial
Employment (Standing Orders) Act & Rules.
Working
Journalists and other News Papers Employess (Condition of
service and Miscellaneous provisions) Act and Rules.
Working
Journalists (Fixation of rates of wages) Act
Employment
of Children Act and Schemes and Regulations.
The
Kerala Payment of Subsistence Allowance Act and Rules.
Kerala
Motor Transport Workers (Payment of Fair Wages) Act.
The
Kerala Industrial Establishment (National and Festival Holidays)Act
and Rules.
ILO
Papers.
Workers’
Education Schemes.
Kerala
Shops and Commercial Establishment Act and Rules.
Workmen’s
Compensation Act And Rules.
Workers
in the unorganized sectors- petitions, demands, issues etc.
Papers
on committee for Welfare of women Children and Physically
Handicapped.
Grant
-in -Aid Schemes- Project, Proposals.
(vi)
F - Section
All
Establishment matters of of IMS Department.
Fixation
of Rent of ESI Dispensaries.
Extension
and implementation of ESI Schemes to new areas and categories.
Dying-in-harness
papers of IMS Department,
Papers
relating to ESI Schemes,
Medical
re-imbursement and General papers connected with ESI Scheme
Budget,
Administration Report of IMS Department,
Payment
of Medical Benefits to Insured Persons and family.
Land
acquisition, Purchase of medicines.
(vii)
G - Section
Establishment
matters of National Employment Services.
All
papers relating to Kerala Institute of Labour & Employment.
Labour
Academy.
All
papers relating to Employment Registration and Seniority.
Petitions
for Employment Assistance.
Simplification
of Emigration Act.
Enforcement
of CNV Act.
All
papers relating to ODEPC Limited.
Establishment
matters of all Labour Courts and All Industrial Tribunals
in the State.
Rent,
Telephone, repair and condemnation of vehicles of Employment
Department.
Papers
relating to registration of candidates in the Employment
Exchanges.
(viii)
H - Section
Kerala
Unemployment Assistance Scheme.
Self-employment
scheme implemented through Employment Exchanges.
All
papers relating to Kerala Tailoring Workers’ Act.
Kerala
Tailoring Workers’ Welfare Scheme and
Kerala
Tailoring Workers’ Welfare Fund Board.
All
papers relating to Kerala Motor Transport Workers’ Welfare
Fund Board
except
Appeal Cases under Section 8 (5) of the Kerala Motor Transport
Workers’ Welfare Fund Act.
Kerala
Autorikshaw Workers’ Welfare Fund Scheme.
All
papers relating to Kerala Head Load Workers Act and Rules.
Kerala
Headload Workers Welfare Scheme and
Establishment
matters of the Kerala Head Load Workers’ Welfare Board.
Problems
of workers in the respective categories but falling outside
the purview of the above Welfare Boards/Schemes.
(ix)
J - Section
Kerala
Building & Other Constructions Workers Welfare Fund
Board.
Building
& Other Construction Workers Welfare Cess Act.
Building
and other Construction Workers (Regulation of Employment
and conditions of service) Act 1996 & Rules 1998.
Papers
relating to MPs’ Conference, Collectors’ Conference and
Chief Secretary’s Conference.
Kerala
Cashew Workers’ Relief & Welfare Fund Board.
Kerala
Handloom Workers’ Welfare Fund Board.
Common
papers relating to Welfare Fund Boards.
Relief
to Cashew Workers of closed factories.
Kerala
Administrative Reforms Committee papers.
Problems
of workers in the respective categories but falling outside
the purview of the above Welfare Fund Boards.
(x)
R - Section
All
papers relating to Rehabilitation of Repatriates from Srilanka,
Burma, Uganda etc.
Papers
relating to Rehabilitation Plantation Limited, Punalur.
Civil
Suits and other papers relating to evacuee properties.
All
papers relating to the Directorate of Rehabilitation.
All
papers on rehabilitation outside the purview of RPL.
Kerala
Agricultural Workers Pension.
Group
Insurance Scheme for landless Agricultural Labourers.
All
papers relating to Kerala Agricultural Act.
Kerala
Agricultural Welfare Fund Board.
Kerala
Tree Climbers Welfare Scheme.
SC/STs
Advisory Committee papers and follow up action.
All
papers relating to Kerala Artisans & Skilled Workers’
Welfare Scheme.
Kerala
Abkari Workers’ Welfare Fund Board.
Papers
relating to SCP/TSP, Review meeting etc.
Problems
of workers in the respective categories but falling outside
the purview of the above Welfare Fund Boards/Schemes.
(xi)
S - Section
Appeals
under Section 8(5) of the Kerala Motor Transport Workers
Welfare Fund Act, 1985.
Appeals
under Section 8(5) of the Toddy Workers Welfare Fund Act,
1969.
(xii)
PS - Section
All
papers relating to the consolidation of L.A. Interpellation
and Assurances.
Papers
relating to the PAC, PUC, Estimate Committee, Committee
for the Welfare of Women & Children.
Papers
on Subject Committee, Draft Paras/Audit paras related to
Labour, Employment, Training, Factories & Boilers and
Insurance Medical Service Departments.
Monthly
business Statement and Staff conference of the Department.
2.
The powers and Duties, as assigned to the officers and Employees
of Labour & Rehabilitation Department.
The
powers and duties, as assigned to the officers and employees
of Secretariat are applicable to the officers and employees
of Labour and Rehabilitation Department.
Procedure
followed in the decision making process
The
cases are generally processed at the section level and the
files are submitted to Under Secretary/ Joint Secretary/
Additional Secretary/ Secretary/ Ministers as per the nature/
requirement of the case. The cases are disposed of at the
appropriate level based on the provisions contained in the
Rules of Business/ Secretariat Instructions and Kerala Secretariat
Office Manual.
Norms
set by Labour & Rehabilitation Department for the discharge
of its functions.
Decision
taking officers shall ensure that proper priorities are
given in respect of each case coming within their jurisdiction
and necessary measures will be taken to check delay and
arrears. Necessary provisions have been incorporated in
the office manual for the speedy disposal of case and instructions
are being issued from time to time for the discharge of
the functions of the Department effectively.
Rules,
Regulations, Instructions, Manuals held by the Department
for discharge of its functions.
The
Department discharge its functions in accordance with the
instructions contained in Kerala Secretariat Office Manual,
Secretariat Instructions and Rules of Business
Statement
of Categories of document that are held by the Department.
The
document held by the Labour & Rehabilitation Department
include the relevant files on the subjects dealt with in
the Department.
