AIOE-FICCI lauds Maharashtra Govt.move to amend Factories Act 1948

The All India Organisation of Employers (AIOE) has welcomed the Maharashtra Government's move to approve the Maharashtra Factories Amendment Act that will allow women to work during the night shifts.

Sanjay Bhatia, President All India Organisation of Employers (AIOE), stated that it will help in boosting exports as many exports intensive industries like garments, handicrafts, gems and jewelry, curing and canning of fish and other food processing industries engaging women workers on a large scale.

Section 66(1) (b) of the Factories Act 1948 which explicitly prohibits the employment of women in night shift between (7pm to 6am) has been challenged inter-alia, by the women organisations, in the High Court on the ground that it is unconstitutional being violative of Art 14, 15 and 19(1) (g) of the constitution. Since it discriminates women factory workers based on Sex and gender by its prohibitory provision to work during night shift.

Applauding this move by the Maharashtra government Mr. Bhatia further added that this is in the true spirit of the provision enshrined in the Constitution of India and is in consonance with the International Instrument, ILO Convention no: 89, ratified by the Government of India. Although it shall be the responsibility of the management to ensure a safe and secure working environment for the women working during Night Shift.

Mr. Bhatia desired the Government of India to expedite the Factories Bill 2014 providing similar provisions in the central legislation, paving the way for the State governments to follow suit. This will be in line with the Prime Minister's "Make in India" programme.

Mr. Sanjay Bhatia also welcomed redefining the term 'Factory' which raises the limit of number of workers working in a manufacturing process from 10 to 20 with the aid of power and 20 to 40 without the aid of power for the purpose of the act. This he said would promote entrepreneurship and employment, since it would exempt small and family based enterprises from the purview of rigors of this Act.