PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Use factoHR and automate your HR processes
Mobile-first hire to retire HR and Payroll software that automates all HR operations and works as a catalysts for your organisational growth.
KK!HRPresuming that you are referring to Assistant Labour Commissioner (ALC), the ALC (Enforcement) is assigned a specialised function of enforcement of the statutory provisions in one or more Acts, like the Payment of Wages Act1936, Payment of Gratuity Act1972 or the Payment of Bonus Act 1965 etc. He will not be dealing with other issues like trade union registration, conciliation etc
From India, Mumbai
The original functions of enforcement of labor laws and that of resolution of industrial disputes are two distinct functions which should not be in the hands of the same authority to ensure the unbiased discharge of the functions. That's why there are two wings in the State Labor Departments and the Central as well viz., conciliation and enforcement machinery as the subject of labor is in the Concurrent List of the Constitution of India..
In the States, Conciliation wing starts from Assistant Commissioner of labor (Conciliation) and ends up with the State Labor Commissioner and all are called as Conciliation Officers under the Industrial Disputes Act,1947. In addition, they act as quasi judicial authorities or tribunals under certain labor laws like the Payment of Gratuity Act,1972, Employees Compensation Act,1923, Payment of Wages Act,1936, Minimum Wages Act,1948, Appellate Authorities against discharge or dismissal under certain enactments like Beedi and Cigar Workers Act, State Shops and Establishments Acts etc.
Industrial Disputes pertaining to establishments to which the Central Govt is the appropriate Govt under the Industrial Disputes Act,1947 are handled by the Ministry of Labor, Govt of India through the Asst. Commissioners of labor (Central), Regional Commissioners of Labor and Chief Labor Commissioner (Central).
On the other hand, Enforcement wing comprises of Asst. Inspector, Deputy Inspector and Asst. Commissioner of Labor ( Enforcement) in the States. These officers enforces the various labor laws assigned to them like the State Shops and Establishment Acts, Minimum Wages Act, Payment of Wages Act, Plantation Labor Act, Contract labor ( Regulation and abolition ) Act,1970, guide the employers in the matter of compliance and prosecute them in Court of Law for violations, if any as the situation demands. Similar are the duties of the inspectors under the Factories Act,1948 and other allied labor laws in respect of factories, Building and Other Construction Workers Act.
The enforcement of the Employees State Insurance Act,1948, the EPF Act,1952 and the Mines Act are carried out exclusively by the designated Central Govt Departments. There are also separate Labor Enforcement Officers (Central ) to enforce the labor laws in industries like Railways, Mines, Oil Fields, Telecommunications etc., falling within the exclusive jurisdiction of the Central Govt.
From India, Salem