Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

The Government communicated the following information:

Regarding the comments made by the Hind Mazdoor Sabha (HMS) relating to workers under the Employment Guarantee Scheme (EGS) in Maharashtra, the Government indicates that the EGS was started by the government of Maharashtra in 1972 to provide productive employment in rural areas and in "C" class municipal councils. The employment has to be gainful to the individuals and productive to the economy of the State. The guarantee to provide work has been restricted to unskilled manual work. The fundamental objective of the scheme is that, on completion of the works undertaken, some durable community assets should be generated and that the wages paid to the workers should be linked to the quantity of work done.

The norms for appointment of Muster Assistants were laid down by the Government in 1978. These norms, inter alia, provide for the appointment of Muster Assistants on a particular work when the average labour strength is between 50 and 150; and for the appointment of additional Muster Assistants for every subsequent increase in average labour strength by 150. The norms also require that local persons should be engaged as Muster Assistants and that their services should be dispensed with when the work is stopped or completed.

The intention of appointing Muster Assistants is mainly to maintain muster rolls on EGS workers and to provide drinking-water facilities or medical facilities, etc., to the workmen on the work sites. Their job comes to an end as soon as the work under EGS is stopped. Thus, employment under EGS cannot be equated with normal employment as this is a one-sided affair where the state government has taken upon itself the task of providing employment to every adult in rural areas, whenever demanded by them. The very concept of works started under the EGS is altogether different from work started by an industrialist. In the latter case there is a need to employ persons whereas in works started under the EGS the need is for individuals and the state government to provide work for them under the obligation imposed by the Maharashtra Employment Guarantee Act. It is therefore basically wrong to hold that workmen employed under EGS are workmen as defined under section 2(S) of the ID Act, 1947, or that work started under the said scheme are industries as defined under section 2(J) of that Act.

Based on the above, the government of Maharashtra clarified, via its circulars dated 2 September and 10 September 1987, that the provisions of the ID Act 1947 and the Workmen's Compensation Act 1922, are not applicable to the workers and Muster Assistants employed under the EGS. Subsequently, these circulars were challenged by some of the Muster Assistants before the Aurangabad Bench of the Bombay High Court in Writ Petition No. 1903/87. A Division Bench ruled that these circulars do not have the force of notification, as contemplated in the ID Act. However, the main issue as to whether the ID Act, 1947 and other labour laws are applicable to the Muster Assistants under EGS has not been examined by any of the benches of the Bombay High Court or by the Supreme Court. Hence it is wrong to correlate striking down the circulars by the Bombay High Court with the question of the application of labour laws to the Muster Assistants under EGS. In fact, the Industrial Court at Nasik specifically held in its judgement delivered on 4 April 1989 that the ID Act 1947 and other labour laws are not applicable to Muster Assistants.

As regards the HMS's comment concerning the elimination of seniority lists of Muster Assistants by the Government, it is true that in 1985 the government of Maharashtra had asked its district authorities to prepare a "Select List" for the appointment of Muster Assistants. However, on reconsideration, it was felt that the appointment of Muster Assistant is temporary as it is meant for maintaining attendance of EGS workers on a particular work. His appointment is terminated as soon as the work is stopped or completed. Moreover, under the norms issued by the Government in 1978, local persons are required to be appointed as Muster Assistants. Hence the Government cancelled its instructions to prepare a Select List for Muster Assistants in 1989.

In respect of the HMS's comment regarding non-implementation of court decisions in favour of dismissed workers, the complaint made by HMS is not based on facts. Whenever any Muster Assistant gets a stay order before his services are terminated, he continues to remain in service and to draw his regular pay of Rs.500 per month, even when there is no EGS work. However, in case the Labour Industrial Court gives a stay order against termination of a Muster Assistant after his services have already been terminated by the Government, the stay order of the court becomes inoperative. In the case of Mr. Sheikh, quoted by HMS, it is not possible for the Government to give any specific comments in the absence of case details.

With reference to the HMS's comment concerning the conditions of employment of female workers employed on the "Integrated Development Scheme", it may be mentioned that the ICDS is a centrally sponsored scheme. It visualises the running of village-level child-care centres (Anganwadi) through local-level women volunteers (Anganwadi workers) drawn from the community itself. Community participation is the bed-rock of the ICDS and the Anganwadi workers and helpers are volunteers from the community receiving a small honorarium and not any salary as such. They are to work for four hours a day in the Anganwadi and are expected to interact with the community in the villages as volunteers. Treating them as government employees negates the very basis of ICDS. Like any other scheme, the ICDS is also supervised by supervisors at the rate of one supervisor for 17 to 20 Anganwadis. Since these Anganwadi workers are supposed to be from the same village as that in which the centre is being run, there is no question of their being transferred from one place to another. From the above it is also clear that the Anganwadi workers and helpers, though mainly located in rural and tribal areas, do not fall under the category of rural workers as defined in Articles 1 and 2 of the Convention. It may, however, be mentioned that the right to freedom of association is guaranteed by the Constitution of India itself. Hence, anybody can form a union.

As regards the HMS's comments concerning the poor working conditions of workers in the forest and brick-making industries, the Government states that in the State of Maharashtra a large number of workers are engaged in brick-making, forestry, construction and agriculture. Since these workers are mostly unorganised, the government of Maharashtra extended the Minimum Wages Act, 1948, to them. The Act also, inter alia, regulates their service conditions like duty hours, overtime wages, weekly holidays, etc. These benefits are also enjoyed by the workers working on a daily wage basis continuously. However, the workers working on a daily wage basis cannot be made permanent as their being in employment depends upon the availability of work. Considering the problems faced by these unorganised workers, the Government subsequently brought them under the purview of the Contract Labour (Regulation and Abolition) Act, 1970, the Inter-State Migrant Labour Act, 1979, and the Workmen's Compensation Act. For implementing these Acts, the Government has created extensive machinery. The proper implementation of these Acts, particularly the Minimum Wages Act, is of special concern to the Government. The enforcement has however not been very satisfactorily managed due to the lack of adequate labour inspection machinery to ensure that workplaces scattered over a wide area are inspected regularly. The resource constraint has come in the way of reinforcement in a strengthening of the existing enforcement machinery. The Government is in a continuous process of effecting improvements in this direction.

In addition, a Government representative referred to the complaint made by the Hind Mazdoor Sabha (HMS) concerning three points: the Employment Guarantee Scheme (EGS) in Maharashtra; women workers engaged in the Integrated Child Development Scheme (ICDS); and the case of forest workers and brick workers working on a daily rate basis in Maharashtra. The speaker then reiterated the written information provided by her Government.

The Workers' members welcomed the oral and written information provided by the Government to this Committee. They noted that this Convention was relatively new and that there had not been many occasions to discuss its application in this Committee. They noted the importance of the Convention and considered that the Committee of Experts should be able to comment upon the detailed information provided by the Government. They noted the Government's indication that the female workers in the ICDS would not fall under the category of rural workers defined in Articles 1 and 2 of the Convention. This was clearly a question upon which the Committee of Experts should pronounce itself. Finally, as concerns the poor working conditions in the forest and brick-making industries, they regretted the Government's statement that workers working on a daily basis could not be made permanent as their employment depended on the availability of work. This manner of hiring labour was clearly unsatisfactory. They concluded by reiterating that a legal assessment of the detailed information provided by the Government should be made by the Committee of Experts so that this Committee could come back to this case in the future.

The Employers' members noted the Government's indication that it considered the workmen employed under the EGS, the female workers in the ICDS and the workers in the forest and brick-making industries were not wage-earners as covered by the Convention. The Government had apparently made this determination, however, upon the basis of national legislation. It would be necessary for the Committee of Experts to determine what constitutes a wage-earner under this Convention and this assessment should be made having recourse to the principles of the Vienna Convention on Treaties. The Committee of Experts' observation on this case this year was made without any information from the Government. The Committee of Experts, however, should be able to begin to fully assess this case given the information provided by the Government to this Committee. As concerns the EGS, it seemed that this was very similar to a public works job programme. It was not clear whether people working in such programmes would be covered by the Convention. There was the same lack of clarity concerning the application of the Convention to the voluntary workers in the ICDS who did, nevertheless, receive an honorarium and work four hours a day. Finally, as concerns the forest and brick-making workers it appeared quite likely that the Convention would apply. In any event, it was necessary to wait for the Commitee of Experts' assessment of the facts as they related to the provisions of the Convention. Once this was done the case could be considered again in this Committee.

The Government representative indicated that clearly her Government would benefit from an assessment by the Committee of Experts of the information which they had provided. She referred to the comment made by the Employers' members and confirmed that the EGS was like a public works programme. She reiterated that the workers in the ICDS were only volunteers.

The Committee took due note of the written and oral information supplied by the Government. It expected the Committee of Experts to be able to assess the situation on the basis of the data contained in the recent written communications made by the Government. The Committee hoped to be in a position to consider this case at one of its next session.

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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.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes due note of the information provided in the Government’s report and recalls that its earlier comments referred to:

(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

In previous comments, the Committee had requested the Government to provide the text of the Supreme Court’s decision regarding the notification issued by the Government to the effect that muster assistants were not covered under the Industrial Disputes Act (IDA), 1947, or the Trade Unions Act, 1948. The Government indicates that the Supreme Court’s decision, rendered on 15 March 2002, has confirmed the position of the government of Maharashtra. The Committee once again requests the Government to provide it with the text of the Supreme Court’s decision.

The Committee also notes that the state Government of Maharashtra has started the process of absorbing the muster assistants in services, on regular government/Zilla Parishad posts, which are of equal pay. The Committee nevertheless recalls 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. In this respect, the Committee notes with concern that the Supreme Court has confirmed the position that muster assistants are not covered by the IDA or the Trade Unions Act. It therefore requests the Government to indicate, in its next report, the legislation which governs the rights of muster assistants under the Convention, in particular as concerns the right to carry out activities in defence of their socio-economic interests. Furthermore, the Government is requested to indicate the 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"

In its previous observation, the Committee requested the Government to specify the impact of the awareness camps on the creation and growth of strong and independent associations for women employed in the state government’s "Integrated Child Development Scheme" (a scheme aimed at the holistic development of pregnant and nursing mothers) 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. The Committee notes the Government’s proposition to double the existing amount of honorarium that is given to the female workers in the Integrated Child Development Scheme (ICDS). The Committee also notes the Government’s position that the role envisaged in ICDS for these female workers is such that it would not be appropriate to compare them with regular employees/workers. The Committee, however, is still of the opinion 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 such as a tenant, sharecropper or small owner-occupier". The Committee once again requests the Government to specify the impact of the awareness camps on the creation and growth of strong and independent associations for those employed in the ICDS, as provided in Article 4.

Forest and brick-making workers

With regard to the working conditions and wages of forest and brick-making workers, the Committee had previously requested 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 Committee notes the Government’s report which contains information on the general situation of the forest and brick-making workers, and which indicates the relevant legislation that is applicable to those workers, including the basic labour laws. While noting the Government’s indication on the working conditions and wages of these workers, the Committee requests the Government to indicate the specific legislative provisions which ensure the rights of forest and brick-making workers to form strong and independent organizations to improve their working conditions, 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.

Finally, the Committee requests the Government to continue to keep it informed of all measures taken or envisaged to facilitate the establishment and growth, on a voluntary basis, of strong and independent organizations of rural workers.

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.

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.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information provided by the Government in its latest reports. It notes in particular that the National Commission on Rural Labour (NCRL) 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 have 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 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.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee regrets that the Government's report has not been received. The Committee notes, however, the written and oral information supplied by a Government representative to the Conference Committee in June 1992 and the discussion that took place in this respect.

1. Refusal of Government of Maharashtra to negotiate with muster assistants employed through the Employment Guarantee Scheme. The Hind Mazdoor Sabha Union (HMS) made comments regarding the status of muster assistants (workers that provide water or medical facilities at work sites) who are employed through the state Government's Employment Guarantee Scheme (EGS). According to these comments, the Government issued a notification in 1987 providing that muster assistants were not covered under the Industrial Disputes Act, 1947 or the Trade Unions Act, 1926. When that notification was struck down by the Bombay High Court the state Government still refused to negotiate.

The Government stated that the Employment Guarantee Scheme (EGS) was started by the Government of Maharashtra in 1972 to provide productive employment in rural areas and in certain municipal councils. The Government pointed out that this work is, in essence, a public works programme in that it involves an employment guarantee of limited duration by the Government (for each job assignment). The Government stated that these labour laws do not apply to muster assistants because their work cannot be equated with normal employment.

The Committee notes from the Government's report that the state Government of Maharashtra has taken positive action in the spirit of the Convention by passing legislation, namely the Maharashtra Employment Guarantee Act, to improve employment possibilities of rural workers. The Committee also notes that the state Government apparently recognizes the rights of the muster assistants to organize; the state Government is not alleged to have impeded the establishment of the union, and at the outset responded favourably to its grievances.

The Committee considers, however, that by its recent refusal to negotiate with the muster assistants the Government has not fully observed the Convention. Given that muster assistants are persons engaged in related occupations in a rural area covered by Article 2 of the Convention, the Government should take steps to observe the principles stated in Article 6, which include promoting "the widest possible understanding of the need to further the development of rural workers' organizations and of the contribution they can make to improving employment opportunities and general conditions of work and life in rural areas as well as to increasing the national income and achieving a better distribution thereof".

2. Alleged inadequate pay and service conditions of female workers employed in the state Government's "Integrated Child Development Scheme". The Hind Mazdoor Sabha Union (HMS) comments criticized the conditions of employment of more than 300,000 female workers in the state Government programme called the Integrated Child Development Scheme (ICDS). The union asserts that in light of the Convention, the Government's pay and services provisions constitute unfair labour practices.

The Government states that the ICDS is a centrally sponsored scheme that pays a "small honorarium and not any salary as such" to women from local villages who run the local child care centres. The Government considers that these women have the constitutional right to form a union but are not covered in any way under the present Convention because they are not "rural workers" as defined in the Convention.

The Committee considers that, like muster assistants in the state programme, the ICDS participants are rural workers as defined by the "related occupations" provision under the Convention.

The Committee recalls that Article 2 of the Convention states that "the term 'rural workers' 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 such as a tenant, sharecropper or small owner-occupier".

It therefore considers that the Government should encourage the formation of workers' organizations as well as negotiate and consult with the organizations.

The Committee would ask the Government 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 stated in Article 4.

3. Working conditions and wages of forest and brick-making workers. The Committee recalls the comments of the Hind Mazdoor Sabha Union (HMS) stating that the conditions of forest and brick workers are equivalent to that of bonded labour and that the state Government has failed to help and encourage the organization of these workers.

The Government indicates that these workers cannot be given permanent employment as there is not sufficient work, but points out that the following acts have been extended to them: the Minimum Wages Act, 1948; the Contract Labour (Regulation and Abolition) Act, 1970; the Inter-State Migrant Labour Act, 1979; and the Workmen's Compensation Act. The Government adds that it has created extensive machinery to implement these acts, but it acknowledges that enforcement has not been satisfactorily managed due to the lack of adequate labour inspection machinery. The Government states that it is in the process of improving this machinery.

The Committee notes with interest the Government's statement that it is in the process of improving the enforcement machinery of laws covering rural workers including forest and brick-making workers. Just as for the muster assistants and the ICDS female workers, the Committee would ask the Government to ensure that the Convention is fully applied to these workers.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received and regrets that the report the federal Government had requested from the state Government of Maharashtra on the comments of the Hind Mazdoor Sabha (HMS) (Maharashtra State) concerning the non-application of this Convention by the provincial authorities has not been supplied.

The Committee notes that this workers' organisation pointed out firstly that, on 2 September 1987, the state Government issued a notification stating that the Trade Unions Act and Industrial Disputes Act are not applicable to workers covered by the "Employment Guarantee Scheme". This scheme had been in operation for over 12 years and had seen a union formed there in 1982 for the 5,000 or so workers known as "muster assistants". The Bombay High Court struck down the notification but, according to the HMS, the Government refuses to negotiate with the rural workers' organisation on its demand for security of service and adequate pay scales. In addition, contrary to an earlier agreement on discharges and recruitment, on 19 May 1989 the state Government scrapped arbitrarily the established seniority lists. Secondly, the HMS complained of the conditions of employment of over 300,000 female workers employed on the "Integrated Child Development Scheme" who teach or nurse in the same manner and according to the same rules as government employees, but are classified as "honorary workers" so as to deprive them of adequate pay scales and service conditions. Thirdly, the HMS refers to the poor working conditions of workers in the forest and brick-making industries, equivalent to that of bonded labour. The workers' unions' repeated efforts and representations to the state government departments involved have not been acted on. The HMS sees this inaction as particularly serious as regards the non-implementation of the minimum wage and the non-respect of court decisions in favour of the workers dismissed for anti-union reasons, including reinstatement orders of the Bombay High Court.

Noting with regret that the Government did not reply to these comments, the Committee can only recall in the strongest terms the provisions of the Convention, in particular Articles 4 and 5 which call on ratifying States to facilitate the establishment and growth of rural workers' organisations and to eliminate obstacles to this development. It also recalls that, in accordance with Article 3(2), rural workers' organisations shall be able to exercise the principles of freedom of association, such as the right to bargain on behalf of their members. It trusts that the federal Government will ensure that the provincial authorities are mindful of the obligations arising under the Convention in their future dealings with the HMS and its rural affiliates. The Committee also asks clarification from the Government on the status of the Employment Guarantee Scheme employees who should be covered by the relevant legislation, as well as on the trade union rights of the so-called "honorary workers" employed on the Integrated Child Development Scheme in Maharashtra State.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied in the Government's report, including the comments of the Hind Mazdoor Sabha (Maharashtra State) concerning the non-application of this Convention as regards various rural workers' organisations in that State by the provincial authorities. The Committee notes that the federal Government has requested a report from the State Government on the issues raised by this workers' organisation, and trusts that it will have a reply to these comments in time for its next session.