Social security scheme in unorganised sectors in tamil nadu

THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY
PROJECTON LABOUR LAW - II
THE WORKING OF THE TAMILNADU MANUAL WORKER WELFARE
SOCIAL SECURITY SCHEME, 2006
NAME :N. BHUVANESHWARAN
CLASS: IV YEAR 'A' SEC
REG NO: H12093
SUBJECT: LABOUR LAW II
SIGN OF FACULTY:

The working of the Tamil Nadu Manual Worker's Welfare
Social Security Scheme, 2006
SYNOPSIS
S.NO CHAPTER LIST OF CONTENTS PG.NO
1 I Introduction 1
2 Scope And Object 3
3 Objective OF The study 3
4 Hypothesis 3
5 II Review of literature 4
6 Manual Worker's Scheme in Tamil Nadu 7
7 Kinds of welfare board 8
8 Legislation for social security 8
9 Judiciary on manual welfare board 10
10 ILO Convention on Social Security 9
11 Problems and Conditions 12
12 III Samplings 12
13 Diagrams 14
14 Conclusion 22
15 Findings 23
16 Suggestion 23
17 Bibliography 24
18 IV Annexure 25

The Working of the Tamil Nadu Manual Worker Welfare Social Security Scheme , 2006
CHAPTER I
INTRODUCTION
Of late, the issue of provision of social security to the growing segment of unorganised sector
workers gained enhanced significance in the development discourse in India. Various efforts of
the Government of India, in recent years, such as designing of new social security scheme,
recasting of earlier schemes, introduction of innovative methods towards effective identification
and enrolment of beneficiaries, contemplation of comprehensive legislations to ensure social
protection for unorganised sector workers and so on testify a paradigm shift in the social security
front. Also, in the recent past, there has been an increased emphasise on creating enabling
frameworks and promotional measures towards ensuring effective social protection to the poor
(especially for those in the unorganised segments of the workforce) and enhancing their
reservation income in the labour market.
This visible change in the concerns of the policy makers reflects some of the
ongoing transformations in the labour scene. Firstly, this is an outcome of the increasing
realisation that the unorganised sector is growing at an alarming rate, where majority of the
workers are left with no social security to fall back upon during contingencies and old age.
Secondly, it is an acknowledgement by the development planners that the existing legal and
protective frames have become inadequate to address the issues of unorganised sector workers.
Thirdly, it also suggests that, in view of the growing fiscal deficit scenario, the governments
(both at the centre and in the states4 ) also find it extremely difficult to sustain even the existing
social security measures, which are currently being provided to only about 7 per cent of the
workforce in organised occupations. The growing concern in social security issues of
unorganised labour, in recent times, needs to be understood as a historical juncture in the
trajectory of development planning in India, where the labour markets have been undergoing
tremendous transformations, which include: growth of informal sector activities; deterioration in
the quality of employment (in terms of job security, terms and conditions at work); weakening of
worker organisations and collective bargaining institutions; marked decline in social security and
so on.
In India, the organised sector, which accounts for about 7 per cent of the total workforce, benefit
from a fair minimum standard of social security. The provisions of social security for organised
workers are mainly protective in nature and are ensured through a legal framework and
institutional infrastructure created under enabling legislations such as the Employees State
Insurance Act, 1948 and the Employees Provident Fund and Miscellaneous Provisions Act,
1952. In contrast to this, the social security arrangements for vulnerable poor in general and
informal workers in particular have been very minimal. For instance, rough estimates shows that
only less than 3 per cent of informal sector workers are covered by some social security
measures. Nonetheless, the government and other societal institutions have launched various
social security programmes to meet the basic subsistence needs and contingencies of the poor
and informal sector workers since long, starting with the community development programmes
(CDP) in 1950s. So far, there no specific and comprehensive schemes or legislation at the

national level, which exclusively address the issues of unorganised sector. The major efforts
towards the formulation of a national legislation stagnated for a long time, since the formulation
of two draft legislations were prepared in 1980 and in 1997, which were subsequently reviewed
and recommended by the National Commission on Rural Labour (1987-91) and some of the
specially constituted Parliamentary Committees and consultative forums10. Nevertheless, the
workers in the unorganised sector benefit from several of the labour laws and social protection
measures, which are more or less generic in nature. For instance, The Minimum Wages Act,
1948 directs both the Central and State Governments. The other important legislations, which
have some bearing on the welfare of unorganised sector workers include: Bonded Labour System
(Abolition) Act, 1976, Payment of Wages Act, 1936, Employees State Insurance Act, 1948,
Maternity Benefit Act, 1961, Personal Injuries (compensation Insurance) Act, 1963, Payment of
Gratuity Act, 1972, Workmen’s Compensation Act, 1923, Plantation Labour Act, 1948,
Employees Provident Fund and Misc. Provisions Act, 1976, Inter-state Migrant Workmen
(RECS) Act, 1979 and Child Labour (Prohibition and Regulation) Act, 1986. However, all these
Acts are either benefiting to select organised segments of the unorganised workforce or mostly
with certain limited enabling provisions.
Further, it is generally understood that the above acts have not been able to
adequately address the social security concerns of the workers in the informal sector or to
provide them any specific welfare measures. Despite the implementation of all these acts, the
workers in the sector are mostly inadequately protected in terms of security of employment;
better working conditions (prescribed times of work and reasonable wags); and effective
systems/machineries for identification of eligible beneficiaries, dispute resolution and so on.
During the past five decades, starting with the Community Development Programmes (CDP) in
1950s, the Government and other social institutions have launched various social security
programmes to meet the basic subsistence needs and contingency needs of the poor and informal
sector workers. Broadly, it is possible to group these measures into three categories, such as: (i)
Social Assistance Programmes; (ii) Social Insurance Schemes; and (iii) Welfare Funds. A brief
review of these programmes is attempted subsequently to gain some insights that help in
strengthening the social protection in agriculture.
The Labour Department provides social security to the worker and his family for guarantees long term
sustenance. Social security system provides through insurance and assistance. Indian context social long
term sustenance. Social security system provides through insurance and assistance. Indian context social
security is a comprehensive approach to prevent deprivation, assure a basic minimum income to the
worker and family and protects worker from uncertainties. State bears primary responsibility for
developing system and kinds of assistance. Today, it is a integral part of development process and creates
positive attitude. The unorganised sector is characterized by lack of labour law coverage, seasonal and
temporary nature of occupations, high labour mobility, dispersed functioning of operations, casualization
of labour, lack of organizational support & low bargaining power. In order to rectify all this unorganised
sector issues and to give social security, the Tamil Nadu Government introduced few unorganised welfare
boards

The Working of the Tamil Nadu Manual Worker Welfare Social Security Scheme , 2006
OBJECTIVE OF THE STUDY
1. To study about the social security schemes implemented by the manual workers welfare
board under Tamilnadu manual labour welfare (social security) scheme, 2006
2. To analyse the grievences which where accord while implementing this social security
schemes.
3. To address the steps to the government to the effective implementation of this scheme.
4.To evaluate the opinion of the office-bearers or secretary or president of the Registered about
the functioning of the manual Labour welfare board.
5. To study the role of unorganized labour welfare board in protecting the women employee’s
rights.
6. To evaluate the opinion of the registered member of the Tamilnadu manual Labour welfare
Board about the functioning of the board.
7. To analyse the opinion of the beneficiary of the pensioners under the pension scheme about
the implementation of the pension scheme.
SCOPE OF THE STUDY
1. This Research critically evaluate problems faced by the working of the entire Tamil Nadu
manual worker welfare scheme,2006
2. This Research describe the entire beneficial schemes of the Tamil Nadu manual workers
welfare scheme, 2006
3. This Research analyses the opinion of the Trade Unions, Registered members and
Government officials who had participated in tis scheme.
HYPOTHESIS
“There is great envisages in the social security schemes implemented by the Tamil Nadu manual
Labour welfare board because it confined to the Article 41 and item no 23 and 24 of the Indian
constitution and definition of social security by providing sickness benefit, old age benefit,
educational assistance, insurance as social defence and social assistance”

. The Working of the Tamil Nadu Manual Worker Welfare Social Security Scheme , 2006
chapter II
REVIEW OF LITERATURE
Tamil Nadu Construction Workers Welfare Board
Under section 6 of the Tamil Nadu Manual Workers (Regulation of Employment and Conditions
of Work) Act, 1982, the State Government established the Tamil Nadu Construction Workers
Welfare Board on 30.11.94 and formulated the Tamil Nadu Manual Workers (Construction
Workers) Welfare Scheme in 1994. The scheme provides welfare measures for manual workers
engaged in construction or maintenance of dams, bridges, roads or in any building operations.
The financial resources for implementing the scheme are drawn from the “Manual Workers
General Welfare Fund”. The State Government have notified that all individuals or agencies
engaged in any construction work shall pay 0.3% of the total estimated cost of the proposed
construction work towards the fund. The fund is collected by local bodies while sanctioning the
building permit to individuals and other construction agencies and remitted to the TamilNadu
Construction Workers Welfare Board
Registration
A construction worker who has completed 18 years of age but has not completed 60 years and
engaged in any of the 38 classes of construction work (Annexure I to the scheme) may register
with the Board. The registration is valid for five years and may be renewed thereafter. No
registration or renewal fee is charged. The registered workers are issued identity cards with
registration numbers
Tamil Nadu Manual Workers Welfare Board and 15 other Boards
The Government constituted the TamilNadu Manual Workers Welfare Board on 17.03.1999
and formulated the Tamil Nadu Manual Workers Social Security and Welfare Scheme, 2001.
Later on, the scheme was substituted by the TamilNadu Manual Workers Social Security and
Welfare Scheme, 2006. Government have allocated a sum of Rs.90 Cr for the year 2012-13.
Registration
A manual worker, who has completed 18 years of age but has not completed 60 years and
engaged in any of the 69 employments specified in the schedule to the Tamil Nadu Manual
Workers(Regulation of Employment and Conditions of Work) Act, 1982, may register with these
Boards. The registration is valid for five years and may be renewed thereafter. No registration or
renewal fee is charged. The registered workers are issued identity cards with registration
number.1
1
The working ofwelfare board for organized and unorganized workers in the Tamil Nadu – Tamil Nadu State PlanningCommission –
Report : 12/EE(2014)

Proof of submission for registration
A manual worker in the age of 18 – 60 years can register as a member with the respective
The Functioning of the Tamil Nadu Manual Worker Welfare Social Security Scheme , 2006
board. Worker submits a registration application in the prescribed format along with
(a) proof of age
(b) proof of address
(c) employment certificate and
(d) bank account details.
After receiving verification from VAO/RI, registration cards are prepared and issued. And
employment certificate is issued by president or secretary or any person authorized by them in
behalf of the registered trade union as per the trade union act. All the above proofs are attested
by Gazeteed officer of central and state government..
If there is no proof for age, the certificate of civil surgeon about the genuine of age is enough to
proof of age
Procedure for renewal
Renewal is once in two years. Renewal is free. No renewal after 60 years. In the case of Tamil
Nadu Manual Workers Welfare Board and other 15 Boards, the membership will lapse
automatically, if not renewed in time. In the case of Tamil Nadu Construction Workers Welfare
Board membership would be ceased after issuing notice for cancellation as specified in clause (6)
of the scheme
Financial assistances provided to Unorganized Workers Welfare Boards are as given below :
Details of the six categories of benefits in operation are set out below.
(i) Group personal accident insurance scheme All registered construction workers have been
insured with the United India Insurance Company under a group personal accident insurance
scheme and the Welfare Board pays the premium and renews the policy every year. In the event
of the death of a registered construction worker in an accident arising out of and in the course of
employment a sum of Rs.100,000 is paid to the nominee of the deceased. For the loss of limbs,
eyes, etc. compensation is paid up to Rs.100,000. Up to 30 November 2001, Rs.14,4 million had
been paid to the nominees of 153 7 construction workers who died in accidents and Rs.1,4
million to 76 workers who sustained injuries.

(ii) Education assistance Assistance for the education of the son/daughter of a registered
construction worker is payable as (i) 10th Standard – Rs.750/-; and ii) 12th Standard – Rs.1,000/-
. This facility is extended to only two children of a registered construction worker. This
assistance may be increased from Rs.750/- to Rs.1,000/- and from Rs.1,000/- to Rs.1,500/-
shortly. Up to 30 November 2001, Rs.1.34 million had been approved to 1,662 persons for the
tenth standard and Rs.1.46 million to 993 persons for 12th standard and higher as education
assistance.
(iii) Marriage assistance To meet the marriage expenses of a son or daughter of a registered
construction worker Rs.1,000/- is approved by the Board. This assistance is given only twice and
the amount is likely to be increased to Rs.2,000/-. This assistance is also paid to registered
construction workers for their marriage. Up to 30 November 2001 Rs.1.82 million had been
disbursed to 1,610 registered workers as marriage assistance.
(iv) Maternity assistance Rs.2,000/- is paid on not more than two occasions to a female
construction worker registered under this scheme. Up to 30 November 2001 Rs.77,000/- had
been paid as maternity benefit to 40 registered female workers.
(v) Assistance for funeral expenses In the event of death (either natural or accidental) of a
registered construction worker, the nominees are paid Rs.2,000/- to meet the funeral expenses.
Rs.2.26 million had been approved to 1,239 beneficiaries up to 30 November 2001.
(vi) Natural death assistance Rs.5,000/-is paid to the nominee of a registered construction
worker who dies from natural causes. The Board approved Rs.5.78 million up to 30 November
2001 for providing these benefits to 993 persons.
In addition to the above-mentioned welfare schemes, the Welfare Board intends to offer
scholarships once a year to the children of registered construction workers, the details of which
are as follows (in Rs.): Day scholar Hostel residence (i) Diploma course 1,000/- 2,000/- (ii)
Bachelor’s Degree 1,500/- 1,750/- (iii) BE, MBBS, BVSc 2,000/- 4,000/- (iv) Master’s Degree
4,000/- 6,000/- Details of income received and welfare benefits approved under various
categories as approved by the Board to registered workers from its inception up to 30 November
2001 is given in Annex IV
Sl. No. Welfare Assistance Amount
Cross verification
Type of Assistance Cross verification with other department
1. Marriage Social Welfare Department
2. Maternity Health Department
3. Pension Revenue Department
Computerization of the functions of Welfare Boards and District LO (SSS) offices are done
w.e.f.
15.9.2009.

Disbursement of Welfare Assistance through ECS
The scheme of electronic transfer of relief assistance to the bank accounts of the registered
workers / beneficiaries has been implemented as a pilot project from 01.12.2011 in 6 districts
viz. Tiruchirappalli, Kancheepuram, Coimbatore, Thiruvallur, Tuticorin and Kanyakumari. Now
it has been extended to all other districts.
TAMILNADU MANUAL WORKER'S WELFARE SCHEME
. The Tamil Nadu Government enacted a Tamil Nadu Manual Workers (Regulation of
Employment and Conditions of Work) Act, 1982, to regulate the employment and conditions of
work and to provide social security to manual workers engaged in 69 employments included in
the Schedule to the Act. . Tamil Nadu is a pioneer in implementing welfare schemes for
unorganised workers. Tamil Nadu Construction Workers Welfare Board was established in 1994,
for the welfare of manual workers engaged in construction industry. The Tamil Nadu Manual
Workers Welfare Board established in the year 1999 for the welfare of manual workers engaged
in other categories of employments. In 2004, the Government amalgamated all the 9 boards with
Tamil Nadu Manual Workers Welfare Board, while Tamil Nadu Construction Workers Welfare
Board was continued separately. In 2006, the amalgamated boards are separated and additional
Welfare Boards are created during 2006-11
District Level Labour Offices (Social Security Scheme) formed w.e.f. 01.11.2008. The
functions include registration, renewal, processing of claims and disbursement of financial
assistance to the workers . The process of registration, renewal, sanctioning of claims and
disbursement of assistance to the manual workers registered in all the 17 Welfare Boards are
being done at the District level by the Labour Officers (Social Security Scheme), with effect
from 01.11.2008. The District Monitoring Committee, headed by the District Collector, monitors
and supervises the administration of the scheme at the district level.
The Tamil Nadu Construction Workers Welfare Board and Tamil Nadu Manual Workers
Welfare Board and Other 15 Boards are providing various welfare assistance to the under
privileged working community. In order to speed up the registration, renewal and disposal of
claim applications, Welfare Board offices and District Labour Officers (Social Security Scheme)
were computerized. The scheme of electronic transfer of relief assistance to the bank accounts of
the registered workers / beneficiaries has been implemented as a pilot project from 01.12.2011 in
6 districts viz. Tiruchirappalli, Kancheepuram, Coimbatore, Thiruvallur,Tuticorin and
Kanyakumari .Now it has been extended to all other districts.
TNCWWB Cess @ 0.3% of the total estimated cost of building or any other construction work.
In respect of buildings Local bodies receive and deposit the Cess in the welfare fund maintained
by the board. The Government enhanced the rate of Cess from 0.3% to 1% vide G.O(Ms)
No.295, L&E Dept., dated 17.12.2013. TNUDWB 1% Additional motor vehicle tax on
commercial vehicles is collected and deposited by the vehicle registration authorities in the

welfare fund maintained by the board. TNMWWB & 14 other boards Receive annual grants
from the Government through budgetary allocations.
KINDS OF WORKER'S WELFARE BOARDS
. The Tamil Nadu Government have so far established 17 Unorganized Workers Welfare Boards
under the Department of Labour as listed below :
1. Tamil Nadu Manual Workers Welfare Board,
2. Tamil Nadu Washer men Welfare Board,
3. Tamil Nadu Hair Dressers Welfare Board,
4. Tamil Nadu Tailoring Workers Welfare Board,
5. Tamil Nadu Handicraft Workers Welfare Board,
6. Tamil Nadu Palm Tree Workers Welfare Board,
7. Tamil Nadu Handlooms and Handlooms Silk Weaving Welfare Board,
8. Tamil Nadu Footwear and Leather Goods Manufactory and Tannery Workers
Welfare Board
9. Tamil Nadu Artists Welfare Board,
10. Tamil Nadu Goldsmiths Welfare Board,
11. Tamil Nadu Pottery Workers Welfare Board,
12. Tamil Nadu Domestic Workers Welfare Board,
13. Tamil Nadu Power loom Weaving workers Welfare Board,
14. Tamil Nadu Street Vending and Shops and Establishments Workers Welfare Board,
15. Tamil Nadu Cooking Food Workers Welfare Board,
16. Tamil Nadu Unorganised Drivers Welfare Board,
17. Tamil Nadu Construction Workers Welfare Board,
The following welfare board head quarters are located at chennai. Tamil Nadu
Construction Workers Welfare Board for construction workers. (ii) Tamil Nadu Manual Workers
Welfare Board for remaining 15 unorganised welfare boards. (iii) Tamil Nadu Unorganised
Drivers Welfare Board for Tamil Nadu Unorganised Drivers.
LEGISLATION FOR SOCIAL SECURITY
Of late, there have been some commendable legislative initiatives in India that have bearings on
the social security of unorganised sector workers. In 1996, two umbrella legislations towards
regulating the conditions of work and provision of a measure of social security to the group of
construction workers, which constitutes one of the largest segments of workers in the
unorganised sector – were passed by the Parliament of India.
On the basis of these legislations [The Building and other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996 & The Building and Other Construction
Workers Welfare Cess Act, 1996], various states are expected to enact state level legislations.

Subsequently, the Government notified the Building and Other Construction Workers (ECS)
Central Rules, 1998, which stipulated several social security benefits to the construction workers
including accident relief, old age pension, housing loans, payment of insurance premium,
payment towards educational expenses of children, medical and maternity benefits and so on.
Following these Acts, various state governments are currently in the process of enacting their
own legislations. So far, six 14 states have enacted such legislations and functioning of the new
schemes under these legislations have been attaining momentum in states like Kerala and Tamil
Nadu. The Second National Commission on Labour (NCL), constituted by the Government in
1999 dealt with the social security concerns of unorganised sector in a detailed manner. One of
the six special study groups constituted by the commission was on social security and in its final
report submitted in 2002, the Commission provided detailed recommendations towards
strengthening the social security system in the country. As mentioned elsewhere, in response to
the Commission’s recommendations, the Ministry of Labour prepared a pilot Unorganised Sector
Workers Social Security Scheme (2004), which however met with limited response33. Further to
this, the Ministry also prepared an Unorganised Sector Workers Bill, 2004, which contained
measures relating to both social security and conditions of work in the informal sector.
The present Central Government also continues to uphold the priority attached to social security
issues, and in its Common Minimum Programme (CMP), inter alia, recognized as one of its basic
principles of governance the need to “enhance the welfare and well being of farmers, farm labour
and workers, particularly those in the unorganised sector and assure a secure future for their
families in every respect"..
In 2004, the Government set up a National Commission for Enterprises in the
Unorganised Sector (NCEUS) to review, inter alia, the “social security system available for
labour in the informal sector and make recommendations for expanding their converge”. The
NCEUS submitted its recommendations on social security enhancement in May 2006 to the
Prime Minister of India and drafted a bill [The Unorganised Workers’ Social Security (Draft)
Bill, 2006], which was formulated after detailed review and examination of all the hitherto
similar exercises in the country. It is widely acknowledged that Draft Bill proposed by the
NCEUS is a substantive step towards provision of social security to informal sector workers
(EPW, 2006). As per the plan of NCEUS, three forms of social security would be provided to
about 300 million workers in the unorganised sector. These are health insurance, life insurance
and old age security – involving joint financing by the workers, employers and the central and
state governments. The NCEUS scheme is hailed as the first ever-comprehensive social security
scheme for the unorganised sector in India
ILO CONVENTION
The International convention relating to the Social Security Schemes are given below:
 Social Security (Minimum Standards) Convention, 1952 (No. 102) - [ratifications ]
Lays down the minimum standard for the level of social security benefits and the
conditions under which they are granted. It covers the nine principal branches of social
security, namely medical care, sickness, unemployment, old age, employment injury,
family, maternity, invalidity and survivors' benefits. To ensure that it could be applied in

all national circumstances, the convention offers states the possibility of ratification by
accepting at least three of its nine branches and of subsequently accepting obligations
under other branches, thereby allowing them to progressively attain all the objectives set
out in the convention. The level of minimum benefits can be determined with reference to
the level of wages in the country concerned. Temporary exceptions may also be
envisaged for countries whose economy and medical facilities are insufficiently
developed, thereby enabling them to restrict the scope of the convention and the coverage
of the benefits granted.
 Social Protection Floors Recommendation, 2012 (No. 202)
This instrument gives guidance on introducing or maintaining social security floors and
on implementing social protection floors as part of strategies to extend higher levels of
social security to as many people as possible, in accordance with the guidelines set out in
ILO standards relating to social security.
 Equality of Treatment (Social Security) Convention, 1962 (No. 118) - [ratifications ]
 Maintenance of Social Security Rights Convention, 1982 (No. 157) - [ratifications ]
These instruments provide for certain social security rights and benefits for migrant
workers, who face the problem of losing entitlements to social security benefits which
they enjoyed in their country of origin.
ROLE OF JUDICIARY
In the Role of judiciary , I hereby analyses the some of the case laws which are given below
M.Meenakshi vs Tamil Nadu Manual Workers Welfare ... on 19 June, 2014
In this case the Madras High Court says ,I am inclined to quash the impugned order dated
04.12.2009 and the order dated 11.06.2013 basing on the same. While quashing those impugned
orders, I am also inclined to issue a direction to the Principal Secretary to Labour and
Employment Department to take suitable steps to amend clause 14 relating to the renewal of
registration in Tamil nadu Manual Workers Social Security and Welfare Scheme 2006 as in the
case of clause 6 of Tamil Nadu Manual Workers (construction Workers) Welfare Scheme 1994
for the purpose of renewal of registration. Registry is directed to send a copy of this order to the
Principal Secretary Labour and Employment Department for the aforesaid purpose. Hence, the
writ petition is allowed and a direction is issued to the second respondent to pay pension from
18.04.2013 to the petitioner within a period of six weeks from the date of receipt of a copy of
this order. No costs. The connected miscellaneous petition is closed.

M.Jothi vs Tamil Nadu Manual Workers Welfare ... on 19 June, 2014
In this case the Madras High Court says that, I am of the view that the proceedings of the
Commissioner has no legal sanctity firstly. Further, paragraph (5) is also not clear that pension
shall be paid from the date of sanction of the concerned Labour Officers. If paragraph 5 of the
proceedings is understood in the way as the second respondent did, the same would lead to
anomalous situation and it would depend upon the sweet will of the sanctioning authority, as
pension shall be paid from the date of passing of the order of the Labour Officer. If the Scheme
provides that the manual workers, who have completed 60 years, shall be paid pension, the
proceedings of the Commissioner cannot prescribe a procedure in violation of the Scheme.
Hence, I am of the view that the petitioner is entitled to pension from 01.03.2013 and not from
01.08.2013, the date of passing of order by the sanctioning authority of the pension. The reliance
placed by the second respondent on the proceedings of the Commissioner has no legal sanctity,
particularly, when it is not in dispute that the petitioner has reached 60 years on 28.02.2013 and
the right to pension accrues from 01.03.2013 as per the Statutory Scheme 2006, which cannot be
taken away by the Commissioner or by any Authority. Hence, the impugned order is quashed
and a direction is issued to the second respondent to pay pension to the petitioner from
01.03.2013 onwards within a period of six weeks from the date of receipt of a copy of this order.
The writ petition is allowed. No costs. The connected miscellaneous petition is closed.
V. Maheswari vs The Secretry on 23 March, 2006
In this case the Madras high court says that, Apart from these facts, in the present case, the
petitioner is not making any claim against the employer, who had engaged the deceased as an
Auto Driver. But he is making a claim under the Social Security Scheme framed by the State
Legislature. The said Scheme applies the provisions of the Workmen's Compensation Act to the
Scheme framed under the provisions of the Act on the basis of mutatis mutandis to the manual
workers. Further, the Scheme itself creates accident policy providing for compensation on
account of an accident which has been explained in the explanation found in paragraph 17 of the
Scheme. The Scheme only includes the intentional self injury, suicide, attempted suicide, injury
caused while under the influence of intoxicating liquor or drugs or resulting from the injured
worker committing any breach of the law. None of the exclusionary clause applies to the case of
the petitioner's husband. Therefore, the liability of the insurer can never be washed away.
Under these circumstances, the writ petition shall stand allowed. The second respondent is
directed to make payment to the petitioner towards the death of her husband within a period of

two weeks from the date of receipt of a copy of this order. However, the parties are directed to
bear their own costs. Consequently, connected Miscellaneous Petition will stand closed.
PROBLEMS AND CONDITIONS
1. Lack of Awareness prevailed among the workers about this scheme implemented all over the
state of the Tamil Nadu.
2. Corruption had been overburden on this Scheme by all three participation who had been
involved under this scheme.
3. Registered workers negligently not applying to the benefits granted under this scheme.
4. Lack of personnel in the implementation on this scheme.
5. The registration and renewal process should be made vast and slow..
6. overburden to the workers incase error in the relevant proof.
7. Lot of agents had been using tis scheme as business.
RESEARCH METHODOLOGY
In my project hereby I had been adopted the NON –DOCTRINAL Research methodology
to collect the data and informations relates the subject matter or project title of my project and
in order to make my hypothesis is to be proved in my Legal research method.
Here I had been make Questionnaire methodology in collecting
samples and by via sample methodology from different social groups of the Tamil Nadu
pertaining to the functioning of the Tamilnadu unorganized Labour welfare board and opinion
about steps to be taken for its effective functioning
I Had been hereby adopted the following methods
1. Sampling Methodology
2 . Questionnaire
3. Interview

CHAPTER II
SAMPLE SIZE
My Sampling size is given below in following table :
Sampling from Trade Union
With regarding to the Trade Union, samples size is
1 . Centre for Indian trade union (CITU) : 2 men and 5 women , total 7 members
2. All India trade union congress (AITUC): 2 men and 2 women, total 4 members
3 Indian trade union congress(INTUC) : 2 men 2 women, totally 4 members
4. Anna Tholirsanga Peravai (ATP): 2 men and 6 women, totally 8 members
5. Labour Party Frontier (LPF) : 3 men and 4 women, totally 7 members
6. Hindu Mahadoor Sabha (HMS) : 2 Men and 2 women totally 4 members
My sample size is 31 persons from trade union among these 12 men and 19 women.
Sampling from Registeredmanual worker
With regard to registered member in unorganized welfare board sample size is
1. Tamilnadu driver welfare board, 5 men, 2 women and total 7 members
2. Tamilnadu driver welfare board, 5 men, 10 women, and total 15 members
3. Tamilnadu handicraft welfare board 5 men, 6 women and total 11 members
4 Tamilnadu manual worker welfare board 6 men, 6 women, and total 12 members
5. Tamilnadu shops and street vendor welfare board 6 men ,5 men, and total 11 members

My sample size is 45 members is Tamilnadu unorganized labour welfare board among its 27
male members and 29 female members.
Government Officials
With regard to Labour officers in 4 zones of Tamilnadu, My sample size is given in below
table:
1. In Chennai Zonal, my sampling from Labour officer (sss) :2 men 1 women 3 officials
2. In Coimbatore Zonal, my sampling from Joint Labour commissioner
3. In Madurai Zonal, my Sampling from District collector 3men and 1 women officials
4. In Tiruchrapalli Zonal, Superintendent of labour office (sss) 3 men and 2 women officials
I had been discussed with Government Officials under Government of Tamilnadu with regard to
implementation of this Labour security scheme. My sample size is 11 from all the 4 zones of the
Tamil Nadu among LO (SSS), district collector, superintendent of labour office and Joint
commissioner of Labour department.
DIAGRAMS
Trade Union
With regard to the questionnaire asked from 31 members of the Trade Union , followings are the
conclusions came into exists:
1.Whether the Tamil Nadu unorganized welfare board is functioning well with higher
responsibility over the workmen’s security ?
Answer Yes No No opinion
MEN 6 4 2
WOMEN 8 5 4
Discuss: The Answer reveals that 14 members majority satisfied about the service rendered by
the unorganized welfare board and says higher responsibility over the people but 9 members
denied it. 6 members not said opinion about it.

The below said chart and below mentioned Pie -charts reveal that the unorganised workers
welfare board is functioning with the higher responsibility over the people and its performance is
well in par with the protection of social security of the unorganized workers.
2. Whether the Tamil Nadu unorganized welfare board gave the prior to the demands of the
Registered Trade Union ?
Men 2 8 2
Women 5 9 5
Discuss: From the above said answer we conclude that 7 members confirm that trade union's
opinion are took into considered by the unorganized welfare board and 17 members majority
opinion that the unorganized worker welfare board not par with the opinion of registered trade
union. 7 members said no opinion.
Hence from the above said data table and pie- chart reveals that the unorganized labour welfare
board not par with the opinion of the Registered Trade Union.
RESPONSIBILTY
YES
NO
NO OPINION

3.Whether the employees apply to educational assistance and pensions scheme in appropriate
time in responsible manner ?
Men 7 4 1
Women 8 9 2
4.Do you gave awareness to your trade union members in your Trade Union meetings and make
programs to register them in respective the welfare board ?
Answer Men Women
Yes 5 10
No 6 9
5.Do you collect any subscription from employee to recommend and gave him employment
certificate to attain membership in board ?
Answer Yes No
Men 7 5
Women 13 6
PRIROTY OVER TRADE UNION OPINION
YES
NO
NO OPNINION

RegisteredManual Labour
Here I had discuss the samplings of the registered members of the Tamil Nadu manual labour
welfare and 4 other boards from 56 members.
The questionnaire’s asked from them are given below:
1.whether you had a membership in unorganized labour welfare board for 10 years ?
Answer Yes No
Men 18 15
Women 20 9
discussion: The below said chart and diagram reveals that 18 male workers are membership
for 10 years and 20 women workers are membership for 10 years.
Then only 13 male workers and 9 female workers are not membership for 10 years.
Hence it reveals that majority of the workers are membership for the past ten years.
0
2
4
6
8
10
12
14
16
MEN WOMEN
NO
Column1

2.whether you applied to claims for educational assistance of your children?
Answer Yes No
Men 20 8
Women 22 7
3.whether any of the persons in your family hold Labor welfare identity card other than you ?
Answer Yes No
Men 22 6
Women 23 6
4. whether you applied for the marriage assistance while availing marriage to your family
members ?
Answer Yes No
Men 10 18
Women 17 12
5. whether you renewed the card after the limitation prescribed by the welfare board ?
Answer Yes No
Men 10 18
Women 15 14
Discuss: The above charts and below graph reveal that majority of men members not renewed
18 members and majority of women members get renewed 15 members.
Hence from the above discuss we conclude that majority of the members of the concerned
board not yet renewed their identity card and membership

6. whether you applied for spectacles assistance scheme ?
Answer Yes No
Men 8 20
Women 12 17
7. whether you get your claim amount in speedy and quicker time ?
Answer Men Women
Yes 12 10
No 16 19
Government Officials
I hereby now analyses the data’s pertaining to the questionnaire of the government officials
from the 4 zones of Tamil Nadu who are responsible to the government and employee’s
regarding the welfare measure concerned.
The questionnaire’s are given below:
1. Do you feel that the unorganized welfare board functioning properly?
0
2
4
6
8
10
12
14
16
18
20
Men Women
Yes
No

Answer Men Women
Yes 5 2
No 4 2
2. Do you feel that the trade unions recommending labours in the welfare board
corrupts the labours in order to membership in the board ?
Answer Men Women
Yes 7 2
No 3 3
Discuss: From the above table and Bar it reveals that 7 male officials said that the Trade Union
doing corruption with regards to the implementation of this scheme and 3 male officials denied
it. Among the women officials 3 denial it and 2 confirm it
Hence from the above said discussion it reveals that corruption took forth in the implementation
of te above scheme in the state of the Tamil Nadu.
3. whether you conducted any labour welfare camp in your jurisdiction ?
Answer Men Women
Yes 5 4
No 4 2
0 2 4 6 8 10
Men
women
Yes
No

4. Do you feel that recommendation of the village officers or revenue inspector is
necessary for the identity of the labour ?
Answer Men Women
Yes 6 5
No 3 1
discuss : From the above bar and chart it reveals that 6 men officials and 5 Women
Officials accept the VAO or Revenue Inspector's recommendation with regard to this
scheme. But 3 male and 1 women officials denied it.
Hence this Regard we conclude that majority opinion that VAO and Revenue Inspector
recommendation is necessary under this Scheme.
5. Whether you had inspect the place of employment of workmen while making entry to his
membership in the board ?
Answer Men Women
Yes 3 1
No 6 5
Hence the diagrams and date’s are resulted in consequence of detailed research study of the
scheme and various social groups and public bodies involved in the effective implementation of
the scheme
0 1 2 3 4 5 6 7
Men
Women
No
Yes

CONCLUSION
The unorganized workers all over the Tamil Nadu do not have sufficient knowledge about the
functioning of the unorganized labour welfare board and its effective implementation of this
scheme. (Lack of awareness to workmen). The workers had been highly corrupted by the trade
unions and administrative officials of the unorganized labour welfare board to get beneficial and
to registered under schemes. (corruption from top to bottom). The persons who where not come
under the definition of workmen and not belong to schedule employment would get registered
in large number in this scheme through corrupting the officials of the board. There are lack of
administrative personnel (bureaucracy) in the manual labour welfare board for effective
implementation of the social security scheme. The state Government should strength the
provisions of the above said scheme to take action against claims of the beneficiaries in speedy
and Quicker time.
The state government may extend the time of Renewal for 10 years for the registered
employee’s membership. The registered membership card had not been renewed in larger
amount due to lack of awareness of the employee about the renewal and also negligence in part
of the employee. The State government should strength the provisions to abolish the agents or
brokers who corrupt the employee who get beneficial in this scheme.
These are the limitation which had been foreseen while critically analyses about the
implementation of the social security schemes all over the state of Tamil Nadu.
FINDINGS
1. The State government had made greater emphasis towards the welfare of the labour through
framing the labour welfare scheme.
2. Lack of Awarness among the employee’s about the functioning of this unorganized labour
welfare board in social security scheme in implementing the scheme.
3. corruption is prevailing from top to bottom in the executive bureaucracy and also in registered
trade union while executing this scheme.
4. Lack of responsibility in the part of employee to apply for the claims during the beneficial
period and renew the registered card in prescribed period.
5. Some shorts of administrative difficulties are felt by the administrators while executing this
scheme.

6. The claimed and sanctioned amount cannot disbursed in speedy and quicker time.
7 Beneficiaries and Amount Disbursed
Welfare board Period Registration Beneficiaries Amount
Construction
board
(1995 to
31.12.2013)
23,44,146 7,77,281 Rs.227,22,74,258
Manual Board
& 15 other board (1999
to 31.12.2013) 36,40,052
18,20,506 Rs.414,82,96,560
Total 59,84,198 25,97,787 642,05,70,818
From the above table we have able to analyses the functioning of the social security schemes till
the date of 31.12.2013.
SUGGESTIONS
1. The State Government should strength the provisions of the manual welfare labour scheme
and introduce many new schemes in protection of unorganized labour.
2. The state government should strictly punish the persons who doing corruption while
implementing this social security scheme.
3. The Tamil Nadu manual labour welfare board should conduct large number of Camps in all
the districts of the Tamil Nadu to lessen the burden of unorganized labours.
4. The state Government should conduct awareness campaign and issue pamphlets to the
employees in all the public places for the effective implementation of this schemes.

BIBLIOGRAPHY
1. The working of welfare board for organized and unorganized workers in the Tamil
Nadu – Tamil Nadu State Planning Commission – Report : 12/EE (2014)
2. The Manual of Tamil Nadu Manual Labor welfare board -2011,2012,2013
2. The Manual of Tamil Nadu Manual Labor welfare board -2011,2012,2013
3. The Indian Kannon .Com
4. The Manual Worker Welfare Social Security Scheme , 2006 – published by Madras Law
House, 2010

CHAPTER III
ANNEXUREs
ANNEXURE I
Trade Union
With regard to the questionnaire asked from 31 members of the Trade Union , followings are the
conclusions came into exists:
1. Whether the Tamil Nadu unorganized welfare board is functioning well with higher
responsibility over the workmen’s security ?
a) Yes b) No c) None of these
2. Whether the Tamil Nadu unorganized welfare board gave the prior to the demands of the
Registered Trade Union ?
3. Whether the employees apply to educational assistance and pensions scheme in appropriate
time in responsible manner ?
4. Do you gave awareness to your trade union members in your Trade Union meetings and make
programs to register them in respective the welfare board ?
5 .Do you collect any subscription from employee to recommend and gave him employment
certificate to attain membership in board ?

ANNEXURE II
REGISTERED MANUAL LABOURS
Here I had discuss the samplings of the registered members of the Tamil Nadu manual labour
welfare and 4 other boards from 56 members.
The questionnaire’s asked from them are given below:
1.whether you had a membership in unorganized labour welfare board for 10 years ?
2. whether you renewed the card after the limitation prescribed by the welfare board ?
3.whether you applied to claims for educational assistance of your children?
4.whether any of the persons in your family hold Labor welfare identity card other than you ?
5. whether you applied for the marriage assistance while availing marriage to your family
members ?
6. whether you applied for spectacles assistance scheme ?
7. whether you get your claim amount in speedy and quicker time ?

ANNEXURE III
GOVERNMENT OFFICIALS
I hereby now analyses the data’s pertaining to the questionnaire of the government officials
from the 4 zones of Tamil Nadu who are responsible to the government and employee’s
regarding the welfare measure concerned.
The questionnaire’s are given below:
1.Do you feel that the unorganized welfare board functioning properly?
2. Do you feel that the trade unions recommending labours in the welfare board
corrupts the labours in order to membership in the board ?
3. Do you conducted any labour welfare camp in your Jurisdiction ?
4 .Do you feel that recommendation of the village officers or revenue inspector is necessary for
the identity of the labour ?
5. Whether you had inspect the place of employment of workmen while making entry to his
membership in the board ?

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Social security scheme in unorganised sectors in tamil nadu

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