Can Labour Authorities Force Us to Allow a Complainant into Our Mines for Inspection?

Respected Seniors, I require help regarding this situation: An office bearer of a de-registered trade union has complained to Central Labour Authorities that our mines have engaged contract labour in prohibited categories of jobs under Section 10 of the CL(R&A) Act. Previously, our mines were inspected three times by Central Labour Authorities based on this person's complaint. However, the complaints were found to be untrue. The said person has also lodged cases in the High Court regarding this.

Now, based on the last complaint, the Central Labour Authorities are intending to inspect our mines in the presence of the complainant. We have objections to allowing that person to enter our mines area due to his past records of creating law and order problems. However, we are ready to cooperate with Labour Authorities by showing them records, sites, etc.

Question Regarding Entry of Complainant

My question is, are we bound to allow the complainant to enter our area if Labour Authorities ask so? Does the CL(R&A) Act or any other Labour Act empower the inspector to bring any person to enter our premises for inspection?

Since the inspection is carried out after the authorities have received a complaint, and on the basis of the first complaint by the same complainant, they could not find any truth in the complaint, it is possible that the authorities would like to inspect the workplace in the presence of the complainant only. For this, you will have to cooperate. This can be viewed differently also. If the complainant is not present at the time of inspection and again the officer finds nothing wrong and sends a report accordingly, the same can be questioned, saying that the officer has done something illegally by taking bribes from the company management. Therefore, if the officer wants the complainant to be present, let him be there. If you are okay and transparent, why should you worry?

Regards,
Madhu.T.K

Thanks a lot for your views and Happy New Year. However, sirs, our problem is not with letting our establishment be inspected, but the entry of a particular person inside our area is the issue. We believe that his entry, for whatever reason, will have an adverse impact on the industrial relations situation of our mines.

Reasons for Apprehension

The main reasons for our apprehension are as follows:

1. The person is a habitual offender in law and order cases, with around 30 pending police cases at the local police station.
2. The person has manhandled our officers on multiple occasions.
3. His union has been de-registered, and he has no followers among our regular employees.
4. We fear that his presence inside our premises will harm the motivation of our employees.
5. He may leverage his presence with a government officer as a show of power and misguide our employees.

I understand that the reasons mentioned above may not be concrete enough; however, any help or suggestions in this regard would be greatly appreciated.

In case you have any apprehension that the said Trade Union Leader will create a problem for you or for law-abiding workers, you can, in my opinion, bring the entire situation to the attention of the visiting officer as well as to his seniors.

In case there is no assurance from Labour Department Officials, I think, as a last resort, you can also discuss the entire issue with your High Court counsel and try to file an appropriate case in the honorable High Court seeking appropriate directions in the matter both to the visiting persons - Labour Department Official(s) as well as to the said Trade Union Leader.