Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee takes note of the Government’s report. It recalls that its previous comments referred to the following questions.

The need to ensure the rights under the Convention of muster assistants (workers that provide water and medical facilities at worksites) employed through the Employment Guarantee Scheme. The Committee notes the Government’s statement that the muster assistants were appointed on an honorarium basis under the Employment Guarantee Scheme of the State Government of Maharashtra. They were appointed for a particular work and on completion of the work their services were terminated. However, purely as a humanitarian measure on the part of the State Government, they were later absorbed into Class III and Class IV posts in the State Government/Zilla Parishad service. All 5,684 muster assistants have since been absorbed into the government service. There is a well established grievance redressal mechanism at the district, region and the state level to address the grievances of all government employees, including muster assistants. Reiterating that muster assistants are rural workers covered by the “related occupations”, as defined by Article 2 of the Convention, the Committee requests the Government to provide information on 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 need to ensure the right of those employed in the Government’s “Integrated Child Development Scheme” (ICDS) to form strong and independent associations. The Committee notes the Government’s indication that the ICDS is a centrally sponsored scheme implemented in rural, tribal, as well as urban areas, through anganwadis (pre-school nurseries). Each anganwadi has one anganwadi worker and one helper. They work for about four hours daily. The Government indicates that the ICDS workers and helpers are paid honorarium and are not regular government employees. The Committee notes with interest the Government’s statement that there are seven independent associations of anganwadi workers which have approximately 130,000 members and that these associations are in close contact with the State Government.

Recalling that the ICDS participants are rural workers covered by the “related occupations” as defined by Article 2 of the Convention, which states that “the term ‘rural worker’ means any person engaged in agriculture, handicrafts or a related occupation in a rural area, whether as a wage earner or, subject to the provisions of paragraph 2 of this Article, as a self-employed person”, the Committee requests the Government to keep it informed of the contribution made by the associations of anganwadi workers to improve employment opportunities for women and conditions of work and life in rural areas.

The need to ensure the right of forest and brick-making workers to form strong and independent organizations to improve their working conditions. In this respect, the Committee requested the Government to indicate the specific legislative provisions ensuring this right and to provide any statistics available in respect of the number of such organizations, the number of workers covered, and any collective agreements which may have been concluded in this sector. The Committee notes the Government’s report, which indicates the relevant legislation applicable to those workers, including the basic labour laws such as the Industrial Dispute Act, (1947), the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, (1971), and the Minimum Wages Act, (1948), and contains information on wage fixing and benefits enjoyed by the forest workers. The Committee further notes the Government’s indication that a grievances redressal system has been put in place and that the grievances of the forest workers that have been communicated through unions are addressed to the greatest extent possible. The Committee further notes that brick-making workers are covered by the Trade Union Act, (1926), and that their working relations are mostly regulated on the basis of contracts. It notes the Government’s indication that these workers belong to the rural workers’ organizations in their respective villages and that all the benefits under the rural development scheme for the rural workers are extended to them. Taking due note of the information provided by the Government, the Committee requests it once again to provide any statistics available in respect of the number of organizations of forest and brick-making workers, the number of workers covered, and any collective agreements which may have been concluded in these sectors.