Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Rdsyadav
Educator, Management Consultant & Trainer
Sibabrata.majumdar
Management Consultants Legal & Hr
Sumit Jhawar
Manager Hr
Ritika.S.C
Hr Generalist
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Hello Seniors,
We are maintaining MUSTER ROLL & SALARY WAGES REGISTER in our organisation,but recently labour court had rejected both of them and imposed penalty on our company as according to them we are not having any valid salary disbursement proof.
Now kindly help me on this issue as i don't know any register other than above mentioned.
Regards,
Ritika
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Dear Ritika,
Your description is not clear. Has the Labour Court rejected the above mentioned documents as inadmissible while deciding a dispute under the Industrial Disputes Act,1947? or any other Judicial Magistrate's Court did so in a case filed against you for non-maintenance of registers etc., under any other establishment-oriented Act or the Payment of Wages Act,1936 or the Minimum Wages Act,1948? And what's your establishment - a shop or factory or a catering estt or any other type?
Let me guess...
You are paying salary by cash
There is no signature taken from employees when disbursing payment
And there is no certification or authentication by managers.
But seriously, you expect members to guess what you mean, what you are doing or what the exactly was the judgment of the court ?
Dear Ritika, Do you pay remuneration through bank or cash.if paid through bank u have enough electronic proof to show. Or else consult lawyer for this quirey.
Dear Ritika,

Pls specify clearly nature of your co. whether it is any manufacturing unit and having Factory Licence, or under Shops and Establishment Act or the matter related to contractual labour. You have not mentioned No. of Employees. The Labour Dept. has specify some particular type of Register for different type organisation.

So far I m understanding, u have maintained the data as per your convenience, but the data is not on the format/s specified by the Labour Dept.

The matter does not seems like any Labour Dispute in any court. Is some cases the Labour Dept. reserve the right that if any organisation is not maintaining the data on the proper format as laid down as per labour laws, in such cases the Labour Inspector can Impost Penalty. But that amount is nominal.

In ur case it seems, you are unable to justify the data produced by you during the inspection. If it is so, pls ask the Labour Inspector which documents as mandatory for you. You can purchase the Registers-Formats from Jaina Book Agency, Gupta Book Sellers (Being Authorised dealer to sell the Registers).

Maintain the data on the Registers to avoid repeatition of penalty. Moreover, it also seems the authorised person of ur company has not properly handled the situation.

As suggested by fellow members for deep clarification, u can seek help on any Labour Consultant / Lawyer.
Ritika
It is difficult to answer your queries on the basis of assumption and presumption. Please furnish me full details as mentioned by Senior HR Personnel above.
Be very specific in your queries and let us know the same so that I may guide you accordingly..
.
Regards,
RITIKA JI PLEASE TELL ME WHICH COURT REJECT YOUR SALARY RECORDS AND ON WHAT BASIS. AND IN WHICH PROCEEDING COURT REJECT YOUR RECORDS PARDEEP SHARMA
Dear Ritika,
Is it Labour court or Labour department? Labour Court do not do things what you write in post.Id Labour Enforcement Officer has objected on registers, they must be helping you to prepare otherone which should be legally desired. Please communicate your problem correctly in right earnest.Muster Rolls and sALARY/ WAGES FORMATS MUST BE GOT APPROVED UNDER YOUR CERTYIFIED STANDING ORDERS WHICH ARE MANDATORY.
Pl. contact some Labour Law Adviser to guide you /
Regds,
RDS Yadav
Labour Law Adviser
Director, Future Instt of Management and Technology
Dear Ritika,
You need to have a valid proof of payment i.e. either you can have cash vouchers signed by the employee against his salary or you can make neft into employees account and a copy of the receiving of neft from bank can be attached. However in the second case you need to mention the account no. of the employee in the signature place for reference.
As you are aware that issuance of salary slip is compulsory, you can print two copies; one you can give to employee and in other one you can get a sign from him and keep it in your file.
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