Labour Law & Hr Consultant
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There are labour officers appointed under Minimum Wages Act 1948. Can an employee prefer an appeal against their decision in any Civil Court?
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.
RDS Yadav
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.
Basic +vda=10000/- conv. 1600/- other 2400/- total 13000/- pf cont. 10000/- or 13000/-
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