Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report does not reply to its previous comments. It must therefore repeat its previous observation which read as follows:

The Committee had noted that the National Commission on Rural Labour (NCRL) had recommended central legislation for agricultural labour to include, among others, a provision for enabling the formation of trade unions of agricultural labourers to carry on their activities under applicable laws. According to the Government, these recommendations had been referred to a group of Labour Ministers of state governments for study and report. The Government is requested to indicate in its next report the progress made with respect to the NCRL recommendations and any measures taken as a result.

1. Refusal of the Government of Maharashtra to negotiate with muster assistants employed through the Employment Guarantee Scheme. In its earlier comments, the Committee noted that, despite a Bombay High Court decision striking down a notification issued by the Government providing that muster assistants (workers that provide water or medical facilities at work sites) were not covered under the Industrial Disputes Act (IDA), 1947, or the Trade Unions Act, 1948, the Government still refused to negotiate with these workers. In its latest report, following several court judgements which rejected the Government's previous contention that muster assistants were part of the Employment Guarantee Scheme and provided that pay scales applicable to muster assistants of the Public Works and Irrigation Department should also be applicable to other muster assistants, the Government states that it is clear that these individuals have been treated as government servants and not as rural workers, thus the Convention does not apply to them.

The Committee recalls, however, 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 Government is therefore requested 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.

2. Alleged inadequate pay and service conditions of female workers employed in the state government's "Integrated Child Development Scheme". While noting that the Government maintains its position that the female workers in the Integrated Child Development Scheme (ICDS) cannot be considered to fall within the Convention's definition of rural workers even though they are mainly located in rural and tribal areas, the Committee still considers that these workers are covered by the "related occupations" provision in Article 2. While further noting from the Government's report that there are no restrictions to the constitutional guarantee of freedom of association, the Committee would nevertheless request the Government once again to provide more information respecting the steps taken to facilitate the establishment and growth, on a voluntary basis, of strong and independent organizations of these workers, without discrimination, as provided in Article 4.

3. Working conditions and wages of forest and brick-making workers. The Committee recalls the earlier comments made by the Hind Mazdoor Sabha Union (HMS) stating that the conditions of forest and brick workers were equivalent to that of bonded labour and that the state government had failed to help encourage the organization of these workers. In its latest report, the Government has indicated that enforcement of the labour legislation extended to these workers has not been satisfactorily managed due to the inadequacies of the labour inspection machinery to ensure that workplaces scattered over wide areas are inspected regularly. Resource constraint has come in the way of effective enforcement and bringing about improvements in this direction. The Committee hopes that the Government will be in a position to take measures in the near future to improve the enforcement machinery of laws covering rural workers, including forest and brick-making workers, and requests the Government to indicate the steps taken to facilitate the establishment and growth, on a voluntary basis, of strong and independent organizations of these workers.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.