Confused About Central vs. State Jurisdiction After Amendment? Let's Discuss!

Please clarify if a company comes under central rule after an amendment, then which acts come under central and state jurisdiction. We are facing problems, and our clients are also unable to determine the exact authority.

Thank you.

Authority and Labor Acts Under Central Government

Your exact authority is now the Central Government or the appropriate authority, which has full control over the affairs of the establishment. The Central Government is the governing body. Now, regarding the acts, except for a few, all other labor acts will remain the same as earlier because the authority has nothing to do with the act.

Understanding Central and State Jurisdiction in Labor Laws

The Workmen's Compensation Act, Minimum Wages Act, and some other acts are applicable. Our problem is that we are under central regulations, and we have to follow either central or state laws, whichever is more stringent. Accordingly, the minimum wage rate of Jharkhand state is lower than the central rate. However, we are currently following the central rate as per our client's instructions.

Thank you.

Regards,

If you are under central government, then the central government is the appropriate authority, not the state. The state will be the appropriate authority when the state is the principal employer, which in your case is central, as you said.

In the case of workmen's compensation, whether it is the District Labour Commissioner (State) or the Assistant Labour Commissioner (Central), please tell me which authority will deal with this. As per the act, we are under the central authority.

It would be the Assistant Labor Commissioner, as he is empowered to enact the law by the Central Government, and not the District Labor Commissioner.

I am not checking you. However, in practice, it would be the state government because, as you mentioned earlier, some acts fall under the state government. Therefore, workmen's compensation is under the state government. I am regularly searching for notifications or any other legal proof for disputes relating to the distribution of authority.

Thank you.

Please frame your specific question regarding the application of labor laws relevant to your organization. Kindly specify whether you are an undertaking of the State/Central Government or a private concern. It is important to note that labor falls under the jurisdiction of the state.

Providing the information as mentioned above will help us offer you guidelines to address any issues that may arise in the future.

Regards,
S.K. Johri