Vol. 10 · pages 211–215

194 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES one and must be remedied. But Government had not arrived at any conclusion. Government would welcome any suggestions that you may like to make. May I place before you my views on the matter ? I would suggest the following changes in the constitution: (1) To divide the subjects which come within the scope of the conference into two lists. List I will contain all general subjects such as (a) terms and conditions of employment; (b) Labour Legislation; and (c) questions relating to social security. List II will include all concrete questions (a) relating to labour welfare and (b) relating to the administration of labour laws. Subjects in List I will be assigned to the Plenary Conference, which I would propose should be called by the simple name Labour Conference dropping the words ‘Plenary and Tripartite’ which has made the name too mouthful. (2) To create a new body to be called Labour Welfare Committee and assign to it subjects following in List II. (3) The composition of the Labour Welfare committee will be as follows : (a) members elected by the Standing Labour Committees ; (b) one representative of the Employer and one representative of the employees drawn from organised industries and municipal and other bodies employing labour; (c) persons nominated by Government from nonofficials; (d) persons representing Indian States; and (e) representatives of Provincial Governments. (4) There will be no change in the Standing Labour Committee so far as its composition is concerned. Only there will be a change in its function. It will not be a deliberative body. It will be the agent of the Conference and will perform such of the duties assigned to it by the Conference from time to time. “Under this arrangement there will be three organs : the Conference, the Standing Committee and the Welfare Committee. “The functions and powers of the Conference will be as follows : (1) To make recommendations to Government on matters relating to terms and conditions of employment and all questions of social security which might be placed on the Agenda.

195 PLENARY SESSION OF TRIPARTITE LABOUR CONFERENCE (2) To refer any such matter or any part of such matter to the Standing Labour Committee with a direction : (a) to make a report back to the Conference, or (b) make a recommendation to the Government. (3) To appoint an ad hoc committee to consider any matter on the Agenda with a director to report: (a) to the Conference : (b) to the Standing Labour Committee with a view to making recommendation to Government and making a further report to the Conference. The functions and powers of the Standing Labour Committee will be such as may be Conferred upon it by the Conference. It will be an agency of the conference and will derive its authority from the Conference and will, with the exception mentioned below, conduct no business other than that which has been delegated to it by the Conference. It will, however, be open to Government to refer a matter on which they want an early opinion direct to the Standing Labour Committee for report either to the Conference or the Government. But ordinarily any report or recommendation of the Standing Labour Committee should be made to the Conference. “The powers of the Standing Labour Committee will be : (i) to make recommendations or reports to the Conference on matters referred to it by the Conference ; (ii) to make recommendations to Government in a case in which the Conference has directed the Standing Labour Committee to report to Government; and (iii) to appoint ad hoc Committee to consider any matter on the Agenda with directions to report to the Standing Labour Committee. Labour Welfare Committee “The functions of the Labour Welfare Committee will be confined to matters relating to Labour Welfare and administration of Labour Legislation. Its powers will be to consider all such matters placed before it and to make recommendations to Government. “These are my proposals for removing the organisational weaknesses that have been discovered. They are put before you in my personal capacity as a Member of this Conference. No greater weight attaches to them though the approach, I may say so, seems to me to

196 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES be sound, I propose to have these proposals examined departmentally in the Government of India. If they are found to be workable the conclusions of Government will be placed before you for your deliberation. This organisational grievance I regard as a very serious matter and I promise to treat it as a matter of urgency. “I have said all that need be said on matters relating to the Conference, reconstituting the various bodies which form parts of it, recasting its procedure and reforming its personnel. I hope you will agree that Government are keen on improving its efficiency and enhancing its utility. Labour Legislation “There are two other matters to which I would like to make a reference. The Legislative Programme of the Labour Department for the coming session of the Assembly comprises three Bills : Factories Amendment Bill, otherwise known as Bill for Holidays with Pay : Trade Unions Amendment Act which seeks to provide for the recognition of Trade Unions ; and Payment of Wages Amendment Bill. The first two have been considered by the Conference. The third Bill is a new bill and is, according to our procedure, laid before you for discussion. “As you are aware the 26th Session of the International Labour Conference was held at Philadelphia in U.S.A. in April last. There was an Indian Delegation which attended the session. It was led by Sir Samuel Runganadhan, High Commissioner for India in London. The Government of India were represented by the Hon’ble Mr. H. C. Prior, C.S.I., CLE., I.C.S., Secretary to the Labour Department, Mr. D. G. Mulherkar represented the Employers and Messrs. Jamnadas Mehta, M.L.A., Mr. Aftab Ali and Mr. R. R. Bhole represented the Employees. You will, I am sure, join with me in recognizing publicly the splendid part that they played and the great work they did at the Conference. The delegation has made a report which is placed before you. I am sure you will find it both interesting and instructive. “There is nothing that I can usefully add. I will therefore conclude with thanks for your having given me a patient hearing. Let us begin the work which is awaiting us.”

197 PLENARY SESSION OF TRIPARTITE LABOUR CONFERENCE Dr. Ambedkar’s Memorandum An indication of the action taken by the Central Government subsequent to the discussions at the Tripartite Labour Conference and its Standing Labour Committee is given by Dr. Ambedkar, in the Memorandum placed before the Labour conference. Among the subjects covered by the Memorandum are : Settlement of trade disputes, Labour welfare, Food supplies to industrial labour, Fair wage clause in Government contracts, Labour Officers in industrial undertakings, Employment exchanges, Industrial statistics, Involuntary unemployment, Labour representation, Social Security, dearness Allowance and Industrial canteens. The consensus of opinion at the third meeting of the Standing Labour committee in May, 1943, was that the Government of India should proceed with the establishment of employment exchanges. A proposal to prohibit advertising for technical personnel was also put forward by the Central Government and was generally approved. Both these proposals have been given effect to. Exchanges have been opened at a number of centres to provide employment to technical personnel. General opinion at this meeting was also in favour of (1) a certain degree of continuity being maintained in the adjudication machinery, and (2) the whole policy regarding trade disputes being laid down de novo and a new Act being enacted in place of the existing Trade Disputes Act, 1929, encouraging internal conciliation. While proposals for fresh legislation are under consideration the Central Government have brought item (1) to the notice of the Provincial Governments who have, as far as possible, maintained continuity. Government have under consideration proposals for fresh legislation on the question of trade disputes. Bevin Training Scheme Another question which arose out of this meeting was that organised labour should be associated with National Service Labour Tribunals for selecting Bevin trainees and that Tribunals should consult prominent trade Unions in their area at the time of selection of candidates. This method of selection is under consideration for selecting trainees. On the labour welfare side the committee’s

198 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES suggestion that the Welfare Fund should be built up for housing, education, etc., is under Government’s consideration, but, the Memorandum says, there are great difficulties in divising any practical scheme. At the second meeting of the Standing Labour Committee in January, 1943, a resolution was adopted recommending distribution of food supplies to industrial labour through employers’ grain shops, associations of approved and recognised trade unions or other representatives of employees in the working of such shops, encouragement of cooperative grain shops to industrial labour, etc., etc. These recommendations are brought to the notice of the appropriate authorities. With the introduction of rationing in large cities and towns and its gradual extension to smaller towns, the measures recommended are now out of date. But the rationing authorities use the agency of the employers’ grain shops as much as possible. Fair Wage Clause The Memoradum further refers to a fair measure of agreement reached at the third Standing Labour Committee meeting in May, 1943, on the provisions of fair wage clause in Government contracts. It is stated that the Central Government have already “a fair wage” clause in the Central P.W.D. contracts. In their own undertakings, the Central Government are giving effect to the recommendation that labour officers should be appointed as far as possible for all large industrial undertakings. Provincial and State Governments and private employers have also been requested to do so and, according to a report received from the Indian Mining Association, they have appointed personnel officers. The Committee’s suggestion that matters under dispute should be specified in the order referring dispute to adjudication, and the defence of India Rule 81 (a) has been amended accordingly. The attention of the Provincial Governments has been drawn to the desirability of making a provision in the adjudication order that workers whose conduct is under investigation or who are immediately connected with the dispute shall not be discharged by the employer except for misconduct unconnected with the dispute or with the approval of the adjudicator or other prescribed authority. The question of collecting