You must have attached following listed documents for obtaining Labour License.The list of documents is applicable for Gujarat. You should attach the documents as per your State norms.
1. Application Form in Triplicate
2. Form No V in original from Principal Employer
3. Security Deposit challan in original
4. License Fee challan in original
5. List of workers in case work still to undertake OR Attendance Register for current month in case work already in process
6. Undertaking for deploying 85% State labours
7. Copy of Work Order issued by Principal Employer
8. P.F. Registration copy
9. E.S.I. Registration/W.C. policy
10. PAN CARD copy
The above documents are required to upload in Gujarat State since now the application is to be submitted on line in our State. Though it is on line process, we have to visit respective Labour office. This is a common practice in every State.
It is very sad thing that your application is rejected on no fault of you and you are getting a blame by your company. It has happened to me too. The management has taken out job from me and settled the issue with the Government Officer.
NAMO wants his departments corruption free, but it is not possible.
Your query is regarding Maharashtra Government Labour Department. The Government has taken a good steps to curtail the harassment and corruption by Labour Department by introducing online application for registration / licence, renewal etc. You need not to go to the department to get those documents in physical form. But all those things are on paper and not in practice.
If you ask a question under RTI, I am sure you will get an answer that more than 75% applications are rejected by the department without any valid reason.
Subsequently your applications are passed and licences / registrations are approved only after approaching the department and satisfying the need of the officers, this is the practice known to everyone.
My question is to all, who is responsible to this? Government did its job by which you need not to approach the department in person.
On rejection of any application you need to re-submit it with rectification or otherwise within sixty days. There is a provision of appealing also. Government is your Government. it is chosen by you. You have a right to represent your matter before it, if you are harassed by any officer appointed by it with facts and figures.
Hope I have replied to your query.
The query is not clear which license is rejected, is it under Contact Labour or Factories Act and all are sharing views of presumptions.
As far as online registrations are concerned, the applicant may have not uploaded required documents otherwise it is not easy to reject correct application.
P K Sharma
Yes, I made a mistake in presuming queriest query is pertaining to Maharashtra. But I faced similar problem in Maharashtra.
I have seen similar cases in Maharashtra wherein there is no shortfall in the applications submitted still the applications are rejected and thats why I said in my earlier post that If you ask a question under RTI, I am sure you will get an answer that more than 75% applications are rejected by the department without any valid reason.
When the queriest mentioned Labour Licence, it means licence under CLRA and not under Factory Act or under any other Act. Also, which licence rejected is not important here.
Hope the readers including those participated in this thread will understand why have to give this explanation.
One can not submit the application form incomplete. Even the uploads of documents if not in order, the application is not complete and same can not be submitted.
Now a days I try to refrain my self from participating on this site. I feel it bad when person like you who is a Law Practitioner is not understanding my posts and tells me that I have not done homework properly.
For your information I have trained many persons on how to submit the application online. I always do such kind of activities. Even when PF and ESI went IT roll out, many consultants and HR professionals had taken training from me.
I have a doubt whether any one on this site like you will understand and rate my caliber even I tell them to go through my various posts here in this site covering every dimension of HR & Labour Laws, except very few like Sarvashri Umakantji, Sai Kumarji, Divekarji, Raj Kumar Hansdahji, Madhuji, Bhaskarji, Harsh Kumarji.... No doubt, I received 2054 appreciations out of my 2282 posts. All this things I was not wanting to write. And there is no point in telling all this things here.
My post was not addressed to you, but it was to the starter. When I was writing my post, your posts were not even before me. Actually I have posted earlier, but my post was published just after your posts. So, it looks as if I have replied you. So, please do not misunderstand me.
It is true that Application and all documents must be complete and otherwise it will not go for payment option. But there are bugs in online filling process by which one can fool the system. So, it looks application is complete, but during physical scrutiny, the errors are found.
The rejection status remark is too short to understand to the Applicant. They must elaborate the errors. Marely saying "incomplete application" does not help the Applicant to solve the issue.
I take this opportunity to write to you in appreciation of your posts. I do admire your posts and they are very accurate and informative.
I recall your post about PF benefits available to a posthumous child posted a few days ago in a different thread. It was a masterpiece by you.
The names of all stalwarts you have mentioned (I include yourself also in them) are indeed the masters in their subjects and their posts are thoroughly readable. Their comments with due analysis is worth of a Book. It is because of them, the discussion becomes interesting, enjoyable and lively. I have learnt a lot from these discussions which I must openly acknowledge.
So, I specially request you Korgaonkarji and also to all Masters, not to refrain yourselves from posting your views and comments. Otherwise, the discussions will be of mare words without having any worthy material in it.
Adv. Kishor Kulkarni.
Thanks for your response.
In fact I had gone through your profile and some of the posts and surprised how you can respond like this. You have cleared my misunderstanding. Thanks a lot again.
I expect your fruitful interactions with me on this platform and we will exchange our views on different different issues to enhance our knowledge.
I appritiate the posts of Mr. Korgaonkar and other seniors. You cannot be so harsh in telling they have not done the homework. I am sorry to tell that this situation is in Karnataka state too. Many a times this has happened with us too.
I would like to share an instance happened with us. We had applied for a contract Labour licence renewal online. The status showd rejected for incomplete application. Later when I contacted the ALC, and he asked me to get in touch with a clerk in his office or apply through an agent suggested by him. When I met the clerk, he demanded a sum on behalf of the ALC. When I negotiated with him for 50% of the demand, he just ignored me telling to get in touch with an agent who will get the job done.
When I came out of the office and was in the parking lot near my vehicle a person approched me and gave me his visiting card. Same evening I called him on the mobile. He said he will come to my office the next morning and collect the documents and will get the job done. Next mornign he came to my office and gauranteed me he will get the licence within a week and demanded 30% extra amount than what the ALC's clerk demanded telling the extra amoutn is his fee and rest goes to the ALC, clerk and case worker. (This amount is exclusive of Govt. Fee and registration).
This is the status every where in Govt. Departments. To be frank this is the status even in Pollution Control Board too.
Thanks for your contribution.
Sometimes it happens, we sound bit harsh.
The incidence you quoted is seen in every government office all over the country. Even in Mantralayas, without paper-weight your paper will not move. You will find agents every where. I have seen many Labour Law Consultants are doing the job of "settlement" only. According to me they are not Consultants but "Dalals".
The Government Officer treats every one as "Dalal" and if he finds you different, you will be harassed by him. This has happened with me many times.
This "Dalals" and the Government Officers, they have no concern of Law.
The present Government at Central and at many States has taken many steps to curtain this kind of practices. It will take time. But unless we change nothing will change.
Thanks to our Anonymous Friend. Because of him I got an opportunity to open out all this.
Thanks to CiteHr also. This is the only platform we have in which we can express our views Anonymous.
Request other members to comment on this.
Thanks and regards.
Adv. Keshav Korgaonkar
Please file an RTI application with the department through an advocate , raising appropriate queries for which you need an answer.
Upon receipt of the reply, make corrections (if any needed) and file once again, if no correction is needed then take the copy of the reply along with your application and meet the concerned officer for further clarity.
However much we may find it distasteful, yet the reality has to be acknowledged, One can't brush everything under the carpet and assume everythind is fine and in an ideal situation.
I appreciate Koragaonkar ji's commentsm and he has taken pains to sensitize the members on the ground realities. As rightly pointed out by him, in case of e-applications, all the document needs to be uploaded, one by one, as per the process laid down.
Moreover about 75% rejection at first instance, which are cleared later upon personal meeting with the officials, doesn't speak well about the bureaucracy and its working. Despite Indian bureaucracy being paid well through subsequent pay commissions such unethical and corrupt practices should not be allowed to continue. Its the moral duty of all of us, as citizens, to keep on fighting such evil practices to the best of our abilities,
First rejection of mine for RC under CLRA Act, 1970,Reason - "Incomplete Application", subsequently it has been ratified upon direction given by the Official and uploaded again with in "friction of time" it has been rejected citing the same ground "Incomplete Application, it is ridiculous.
This shows the unethical practice/ Approach of the Government Official.
3rd November 2016 From India, Mumbai
3rd November 2016 From India, Mumbai
Such kind of practice is going to be continued till such time there are people to pay bribes.
I have seen number of so called consultants doing the job of "Patav_ing" only and the officers find more safe with such consultants. Mr. Korgaonkar has rightly said that they are not consultants but they are "DALALs".
Thanks to this site for allowing us to post Anonymous. This is the only platform we have wherein we can keep our name secret whenever needed. We should make us of this facility against corrupts practices.
AnonymousThe Central Bureau of Investigation has arrested a Deputy Chief Labour Commissioner; an Assistant Labour Commissioner; a Labour Enforcement Officer, all working in Kochi (Kerala) and a Human Resource Manager of a private firm in a bribery case.
5th January 2017 From India, Mumbai
5th January 2017 From India, Mumbai
A case was registered on 04.01.2017 U/s 120B of IPC and Section 7, 12, 13(2) r/w 13(1)(d) of PC Act, 1988 against Dy. Chief Labour Commissioner, Kochi and Assistant Labour Commissioner, Kochi on the allegations that the accused were collecting illegal gratification regularly from labour contractors. It was also alleged that the Dy. Chief Labour Commissioner was the monitoring body to ensure minimum wage and other required amenities to the labourers. It was further alleged that the accused entered into criminal conspiracy and demanded bribe from the Human Resource Manager of a private firm which was carrying out construction projects at IIM, Calicut.
CBI intercepted the accused persons while handing over Rs. 25,000/- each to Deputy Chief Labour Commissioner & Assistant Labour Commissioner and Rs. 10,000/- to Labour Enforcement Officer by the said Human Resource Manager of private firm. In addition to that an amount of Rs. 50,000/- was also recovered from Dy. Chief Labour Commissioner. Searches were conducted at the residential and official premises of accused.
The arrested accused were produced before the Designated Court at Kochi and remanded to Judicial Custody.
11th January 2017 From India, Mumbai
11th January 2017 From India, Mumbai
The Government has launched a toll free number 1800222021.
If you see any corruption around you, please call on this number and inform the bureau.
Your identity will be kept secret.