Background Study Tirupur - Fair Wear Foundation

The Factories (Amendment) Act 1954 included a prohibition of employment of
person’s under 17 years at night. Night is defined as a period of 12 consecutive
hours and which included hours between 10 p.m and 7 a.m.
Court Case: M.C.Mehta Vs State of Tamil Nadu (AIR 1977 SC699)
The Supreme Court (SC) issued “directions to the State Governments regarding fulfilment of
legislative intendment behind the enactment. The Court directed every employer who engaged
children below 14 years to pay Rs 20,000 per child”. And SC held that “State Governments
will be responsible for providing employment to every adult member of the family
where children are working”. This verdict is an ample legal tool to provide relief to child workers.
4.3.2. Compliance situation
In general there is no child labour in the registered export units in Tirupur. But child labour is
prevalent in the unregistered garment units according to the Factory Officials. The Inspector
of Factories has launched more than 100 cases under the Factories Act, penal provisions
under Child Labour (Prohibition and Regulation) Act, 1986. District Administration has taken
much effort to eradicate child labour in the garments Industry. Since the garments industry is
not termed as hazardous industry in the Child Labour (Prohibition and Regulation) Act, 1986,
it is hard to prosecute the managements that employ less than 20 workers, since that unit will
not come under the purview of Factory.
12 to 14 years old children are sometimes found working. Now most of the major companies
engage them only in peak season unlike few years ago but small and medium size companies
employ them more frequently and in some cases as full time workers.
Most of the child labour in the Indian garment industry is found in subcontracting shops or in
homework situations. At least 5% of the Tirupur apparel production takes place in people's
homes, with families carrying out operations such as attaching buttons and other accessories
or operating a knitting machine.
Birth registers – as known in Western countries – do not exist, making it extremely difficult to
determine the exact age of a young worker. A medical doctor's certificate or school records
may be the only ways to determine a person's age. (IIIED:85-86)
Joshi quotes a figure of 20% of the 200,000 strong garments workforce in Tirupur to be children
(page 63).
4.4. Freedom of Association and the Right to Collective Bargaining
4.4.1. Laws and Regulations
The Trade Unions Act, 1926
• Each employee has to inform the management about his choice of a union. If this union
does not get registration he has to join another union recognized union within three
months.
• Any person above 15 years can become a member of a trade union. Only, he cannot be
an office-bearer till he/she becomes 18 years old.
• A person convicted for an offence will not be eligible to the executive of the union. However
if he/she has completed 5 years after the release from jail can be eligible.
• At least 50% of the office bearers of the registered trade union must be from the actually
employed workers of a particular industry, which the union is connected.
• Any office bearer of the union can inspect account books and list of members at suitable
times fixed by the union.
• And this acts describes more on membership fees and affairs related registration of the
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