Korgaonkar K A
Asso.prof.(commerce & Management) Pg
Private Consultant On Labour Laws
Is appointed to monitor the stats & implementation of various labour acts in the industry. such as He is Inspector under Payment Gratuity Act 1971, Payment of Bonus act 1965, Minimum wages act 1936, Payment of wages Act 1948, Contract Labour ( abolition & prevention) Act, etc.He can also act as Conciliation Officer under I D/BIR Act etc. Under these acts he may visit various industries for proper implementation of these acts. If he find any of the act is not properly implemented, then he can file a case against the Employer. He is suppose to report to Asst. Commissioner of Labour. This authority deals with the issues of workers/employees
Recently their designation is changed. They are now known as Asst Director/Deputy Director/Joint Director Department of Industrial Safety & Health of state Govt (Maharashtra) Factory inspector is( Dy Director or Asst Director or Joint Director) an authority appointed under Factories Act 1948. They may visit any Factory for proper implementation of various provisions of Factories Act such as Safety provisions/Leave provisions/Licensing/Working hours etc. etc. If any industry found violating the provisions of the Factories Act & the State Rules made thereunder, then he can issue show cause/file court case against the Principal Employer.He, if found any Factory involved in "Dangerous Operations " may issue notice & close such part of factory.This authority deals with the Process & employees.
9th September 2014 From India, Hyderabad
I am working as HR Recruitment with one International Recruitment Firm for last one year. I want to switch to HR Generalist profile but I am getting opportunities for recruitments only. Is it good if I will join any HR training institute for my desired profile? Please suggest me what should I do and if any body knows about any good institute in Delhi for HR training so please let me know that too.
I am waiting for your valuable suggestions.
Thanks & Regards
attribution <link outdated-removed> #ixzz3CzpiELWm
11th September 2014 From India, New Delhi
Let me make it clear that both the posts of Factory inspector and Labour officer are statutory posts and have been assigned the inspecting powers within their local limits under the different Acts.The Factory inspector is appointed under the Factories Act,1948. The State Governments have been empowered under Section 8 of the Act to appoint the Factory inspectors and the powers of the Factory inspector has been described under Section 9 of the Act. Some of the powers are as under :-
(a) to enter any such establishments believed to be used as a factory.
(b) to make examination of the premises, plant and machinery.
(c) require the production of any prescribed register and any other document relating to the factory.
(d) take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of the Act and
(e) exercise such other powers as may be prescribed for carrying out for the purposes of this Act.
It is the duty of Factory inspectors to enforce the provisions of the Factories Act and relevent Rules.For this purpose theyare supposed to inspect factories periodically. If any rule is violated they take steps like prosecuting the guilty persons etc.
Now coming to the Posts of Labour officer, it is again statutory post. The appropriate Governments have been empowered to appoint such officers under Section 4 of the Industrial Disputes Act,1947 to act as Conciliation officers within their local assigned areas. Besides this they have been assigned the duties of the proper enforcement of the other labor laws except Factories Act.The powers of such officers have been mentioned in all the respective Acts & Rules.
11th September 2014 From India, Mumbai
If your query is concerned about the Factories Act/Rules -
I hope the Contents of these two links should give you some knowledge on the subject so far as Maharashtra is concerned.
I think these are exhaustive and go thru' them patiently.
11th September 2014 From India, Bangalore
Mr. A Jadhav and Mr. BS Kalsi have given a very descriptive details, but I have gone confused. As far as my knowledge goes,
A Welfare Officer is a statutory personnel appointed by the employer to take care of implementation of labour/industrial laws within the administrative control of employer/head of the unit, look after the welfare of working class, act as a bridge between the employer, employees and their representing trade unions, ensure timely payment of salary wages and comply with statutory payments and deductions(i.e. salary wage administration). If there are several units physically separated from one another, the employer may or may not employ additional Welfare Officers to take care of above aspects. He reports to the Manager or Owner of the establishment/factory/organization. He cannot - cannot - impose penalty on anyone (as mentioned by one of the follower earlier). He is not a gazetted officer as per Act/Law.
Whereas, A Factory Inspector (whatever might be the designation assigned at present) is a statutory official appointed by appropriate government. He is a state / central employee reporting to concerned appropriate labour ministry and its designate officials. He has the powers to inspect records, returns and impose fine/penalty on the erring official/industry. He is a gazetted officer.
If I am wrong, please feel free to correct me. I shall be more than happy to correct myself with thanks.
12th September 2014 From India, Jabalpur
Sh Keshav Korgaonkar has rightly pointed out that Swati’s query is not on Welfare Officer. She has enquired about the duties and the statutory powers of Labour officers and Factory inspectors under the respective State statutes. I feel that the following is the difference between the post of Welfare Officer and Labour Officer.
(i) The Welfare Officer is appointed by the employer/occupier of the establishmentand under the Factories Act & the corresponding state Rules thereof whereas Labour Officer is appointed by the State Government.
(ii) The post of Labour Officer is a Statutory post with the resposibilities to implement the provisions of the various Acts and the Rules thereof whereas the post of Welfare Officer is advisory in nature and it is limited to enlighten the employer about various provisions of the Factories Act & Rules.
(iii) The duties of the Welfare officer is confined to the particular establishment whereas the jurisdiction of the Labour Officer wide
enough to cover different estalishments in his area as allocated by the concerned Govt.
(iv) The labour Officer has powers to enfoce the provisions of the different Acts Rules and procecute the defaulting employers where as the Welfare Officer has no such powers.
(v) The labour oficer is a statutory post whereas the post of Welfare officer is under a statute.
15th September 2014 From India, Mumbai
30th March 2017 From India, Bengaluru
You are correct as the duties and roles of Labour officer and Factory Inspector are quite different from each other as such there is bound to be difference in their qualifications too. Normally a Labour officer is post graduate in personnel Management, Labour Laws, Social service, Labour Welfare or HR stream. On the other hand a Factory Inspector has to be technically qualified as such they are basically engineers having Bachelor of Mechanical, Electrical, Civil and likewise.
Member since August, 2012
30th March 2017 From India, Mumbai
#AnonymousFactory Inspector collects money only from factory owners whereas Govt. Labour Officer collects money not only from factory owners but also from every owner of shop, establishment, hospital, educational institute, trading house, construction site.
30th March 2017 From India, Mumbai
It is incorrect on your part to cast aspersions on the government officials holding statutory positions. Don't you think that the employers are equally responsible for such situations. If they sincerely start complying with the provisions of the various Labour Laws then there is hardly any scope for such misdemeanors.There are numbers of private professional companies Viz Tata, L&T, Godrej etc , who have their full fledged compliance section or cell, whose officials are responsible for implemention of the provisions of various labour laws applicable to their establishments. Any lapse in the compliance is viewed very seriously by the management.
Member Since August, 2011
31st March 2017 From India, Mumbai
I respect your feelings on casting aspersion on Government Officers holding statutory position. I also agree with you that the employers are also equally responsible.
Corruption is a social evil. Not only are politicians and bureaucrats corrupt in India but even judges, doctors, professors are not out of race. Then how come Labour Department / Factory Department will be isolated from it?
The present Government at Centre as well at most of the States, are talking about ease of doing business etc. but unfortunately all the things are on paper or in saying only. Most of the States have come out recently with online application for various licenses but if you see, invariably the applications submitted online are out-rightly rejected by the authorities for no reason. If license is not granted then the businessman or employer has to face lot of problems and hence he has no option but to get the license approved by satisfying the greed of the authority. This is the practice adopted and to my knowledge in today era, no company is exception to it. No businessman or employer has time to approach the ACB. Also those officers have nuisance value to the businessman or employer.
Our Annoymous Friend has rightly described the terms in question in this thread, in my view. Our Honorable Prime Minister is also well aware of the practice by Licensing authorities and Enforcement authorities.
24th April 2017 From India, Mumbai