Understanding the Authority of Labor Officials
Can you please explain the authority of the Labor Commissioner, Deputy Labor Commissioner, Assistant Labor Commissioner, and Labor Officer under various labor laws? Kindly assist me.
Regards,
Paramjeet Singh
From India, Dehra Dun
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10Can you please explain the authority of the Labor Commissioner, Deputy Labor Commissioner, Assistant Labor Commissioner, and Labor Officer under various labor laws? Kindly assist me.
Regards,
Paramjeet Singh
From India, Dehra Dun
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Under each Act, the appropriate authority has been defined. Wherever the Labour Commissioner, Assistant Labour Commissioner, or District Labour Officer has been described as the appropriate authority under that Act, he should possess all enforcement and general rights as may be conferred to him. For example, under the Maternity Benefit Act, in respect of any mines or any establishment under the control of the central government, the appropriate government is the central government, and the authority will be notified by the central government. In respect of others and those under the control of the state government, the state government will notify the authorities who will be responsible for the enforcement of the provisions of the said Act and hearing matters connected with maternity benefits.
Under the Industrial Disputes Act, the appropriate government will notify officers of the labour department who will act as conciliation officers. Under the Workmen's Compensation Act, a Commissioner for Workmen's Compensation will be appointed who will redress matters connected with compensation.
In a similar manner, other Acts have also defined who will take care of its enforcement and settlement of disputes relating to it. In combination with it, inspectors will also be appointed by the appropriate government. Therefore, the rights and duties of a Labour department official will vary from Act to Act and case to case. If under the Industrial Disputes Act his right is to make an amicable settlement to a dispute by calling both parties to the dispute, his role under the Minimum Wages Act or Payment of Gratuity Act will be different. Under both these Acts, they are conferred with specific and powerful powers.
Regards,
Madhu.T.K
From India, Kannur
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Under the Industrial Disputes Act, the appropriate government will notify officers of the labour department who will act as conciliation officers. Under the Workmen's Compensation Act, a Commissioner for Workmen's Compensation will be appointed who will redress matters connected with compensation.
In a similar manner, other Acts have also defined who will take care of its enforcement and settlement of disputes relating to it. In combination with it, inspectors will also be appointed by the appropriate government. Therefore, the rights and duties of a Labour department official will vary from Act to Act and case to case. If under the Industrial Disputes Act his right is to make an amicable settlement to a dispute by calling both parties to the dispute, his role under the Minimum Wages Act or Payment of Gratuity Act will be different. Under both these Acts, they are conferred with specific and powerful powers.
Regards,
Madhu.T.K
From India, Kannur
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Dear Yogesh,
The Deputy Labour Commissioner (DLC) does not have the power to decide whether a person is a workman or a supervisor since he does not possess the power of adjudication. The Presiding Officers of Labour Courts/Industrial Tribunals do have such authority. DLC, operating in the capacity of a Conciliation Officer under the Industrial Disputes Act, settles disputes or refers the matter to the Appropriate Government with his recommendations.
Regards,
R N KHOLA
From India, Delhi
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The Deputy Labour Commissioner (DLC) does not have the power to decide whether a person is a workman or a supervisor since he does not possess the power of adjudication. The Presiding Officers of Labour Courts/Industrial Tribunals do have such authority. DLC, operating in the capacity of a Conciliation Officer under the Industrial Disputes Act, settles disputes or refers the matter to the Appropriate Government with his recommendations.
Regards,
R N KHOLA
From India, Delhi
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Amended Labor Laws.doc
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