+1 Other
There are labour officers appointed under Minimum Wages Act 1948. Can an employee prefer an appeal against their decision in any Civil Court?
From India, Delhi
From India, Delhi
Dear Babe_123
The role of Labour Enforcement under Act is to ensure, guide and administer the compliance of payment of notified Min, Wages , maintenance of required documents, registers etc under PB Act, MW Act, Gratuity Act, Contract Labour Act, etc enforced by respective State Govts.There is restriction as such on visits to Industries unless permitted by the District magistrate/ Collector under jurisdiction where industry is located.It is therefore very clear that LEOs are not decision maker otherwise than doing prescribed duty under Law. We need to ensure that registers, returns, licensing and registration etc are fully up to date , made ready and can be inspected during his inspection.
Regds,
RDS Yadav
From India, Delhi
The role of Labour Enforcement under Act is to ensure, guide and administer the compliance of payment of notified Min, Wages , maintenance of required documents, registers etc under PB Act, MW Act, Gratuity Act, Contract Labour Act, etc enforced by respective State Govts.There is restriction as such on visits to Industries unless permitted by the District magistrate/ Collector under jurisdiction where industry is located.It is therefore very clear that LEOs are not decision maker otherwise than doing prescribed duty under Law. We need to ensure that registers, returns, licensing and registration etc are fully up to date , made ready and can be inspected during his inspection.
Regds,
RDS Yadav
From India, Delhi
Enforcement of any labour law is an administrative function which ultimately ends up in prosecution before a competent Court of Law by a person notified as an Inspector under the Act for a specific geographical area in case of non-compliance of the provisions. Therefore, it is for the accused to defend his case or prefer an appeal to a higher judicial forum. Therefore, the jurisdiction of Civil Courts is ruled out in Labour Law violations or decisions of enforement officers like inspectors or quasi-judicial authorities appointed under the particular Labour Law like the Minimum Wages Act,1948.
From India, Salem
From India, Salem
This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.
Add the url of this thread if you want to cite this discussion.
#Subject List: civil court City-India-Delhi minimum wages wages act minimum wages act wages act 1948 labour law contract labour act contract labour decision maker labour act gratuity act Country-India
KNOW ABOUT MINIMUM WAGES ACT.pdf
SELF-CERTIFICAT E PROFORMA UNNDER THE MINIMUM WAGES ACT, 1948.doc
Minimum Wages and PSAR Act.ppt
