Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the information provided by the Government in its report.

The Committee recalls that its previous comments concerned the following:

(1) refusal of the Government of Maharashtra to negotiate with muster assistants (workers that provide water and medical facilities at worksites) employed through the Employment Guarantee Scheme;

(2) alleged inadequate pay and service conditions of female workers employed in the state government's "Integrated Child Development Scheme";

(3) working conditions and wages of forest and brick-making workers.

Muster assistant

The Government's report indicates that the High Court decision which revoked the notification issued by the Government providing that muster assistants were not covered under the Industrial Dispute Act (IDA), 1947, or the Trade Unions Act, 1948, is presently being challenged before the Supreme Court of India. The Committee notes that the Government indicates that it is therefore not presently in a position to communicate any information in this regard. The Committee recalls, once again, its previous comments in which it considered that muster assistants were persons engaged in related occupations in a rural area as defined by Article 2 of the Convention. The Committee asks the Government to provide the text of the Supreme Court's decision when available and also to indicate, in its next report, the legislation which governs the rights of these workers under the Convention as well as any steps taken to promote the widest possible understanding of the need to further the development of rural workers' organizations, including for muster assistants, as provided for under Article 6 of the Convention.

Female workers employed in the state government's "Integrated Child Development Scheme"

The Committee notes with interest that the Government has created awareness camps to help unorganized workers engaged in small-scale industries to learn more about their rights and entitlements under the various laws. These programmes cover a wide range of subjects including the right of association, and concentrate on special categories of workers, particularly women workers. The Committee requests the Government to specify the impact of those awareness camps on the creation and growth of strong and independent associations for women employed in the state government's "Integrated Child Development Scheme" and how it promotes the widest possible understanding of the need to further the development of female workers in this scheme and of the contribution these associations can make to improve employment opportunities for women and conditions of work and life in rural areas.

Forest and brick-making workers

Concerning the working conditions and wages of forest and brick-making workers, the Committee had requested the Government to take measures to improve the enforcement machinery of laws covering these workers in the rural area. The Government indicates that the provisions of the Minimum Wages Act, 1948, will be implemented by all the divisional heads in respect of those workers and admits that enforcement of the labour legislation extended to these workers had not been satisfactorily managed due to the inadequacies of the labour inspection mechanisms to ensure that workplaces scattered over wide areas are inspected regularly. The Committee, however, notes that the Government has not made any reference to the possibility of those workers to form strong and independent organizations to improve their working conditions and the measures envisaged by the Government to facilitate this objective. The Committee therefore once again asks the Government to provide information on this point and recalls that, as referred to in Rural Workers' Organisations Recommendation, 1975 (No. 149), such organizations should participate in economic and social development and in the benefits resulting therefrom, should be able to represent further and defend the interest of rural workers by undertaking collective negotiation and consultation at all levels and should be able to improve their conditions of work including respect of occupational safety and health.