There are labor officers appointed under the Minimum Wages Act 1948. Can an employee prefer an appeal against their decision in any Civil Court?
From India, Delhi
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From India, Delhi
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Role of Labour Enforcement Officers
The role of Labour Enforcement under the Act is to ensure, guide, and administer compliance with the payment of notified minimum wages, maintenance of required documents, registers, etc., under the PB Act, MW Act, Gratuity Act, Contract Labour Act, etc., enforced by respective State Governments. There are no restrictions on visits to industries unless permitted by the District Magistrate/Collector in the jurisdiction where the industry is located. Therefore, it is clear that LEOs are not decision-makers but are responsible for carrying out prescribed duties under the law. We need to ensure that registers, returns, licensing, and registration are fully up to date, prepared, and available for inspection during their visits.
Regards,
RDS Yadav
From India, Delhi
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145The role of Labour Enforcement under the Act is to ensure, guide, and administer compliance with the payment of notified minimum wages, maintenance of required documents, registers, etc., under the PB Act, MW Act, Gratuity Act, Contract Labour Act, etc., enforced by respective State Governments. There are no restrictions on visits to industries unless permitted by the District Magistrate/Collector in the jurisdiction where the industry is located. Therefore, it is clear that LEOs are not decision-makers but are responsible for carrying out prescribed duties under the law. We need to ensure that registers, returns, licensing, and registration are fully up to date, prepared, and available for inspection during their visits.
Regards,
RDS Yadav
From India, Delhi
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Enforcement of Labor Laws
Enforcement of any labor law is an administrative function that 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 with the provisions. Therefore, it is the accused's responsibility to defend their case or appeal to a higher judicial forum. The jurisdiction of Civil Courts is therefore excluded in cases of labor law violations or decisions of enforcement officers like inspectors or quasi-judicial authorities appointed under specific labor laws, such as the Minimum Wages Act of 1948.
From India, Salem
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Enforcement of any labor law is an administrative function that 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 with the provisions. Therefore, it is the accused's responsibility to defend their case or appeal to a higher judicial forum. The jurisdiction of Civil Courts is therefore excluded in cases of labor law violations or decisions of enforcement officers like inspectors or quasi-judicial authorities appointed under specific labor laws, such as the Minimum Wages Act of 1948.
From India, Salem
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KNOW ABOUT MINIMUM WAGES ACT.pdf
SELF-CERTIFICAT E PROFORMA UNNDER THE MINIMUM WAGES ACT, 1948.doc
Minimum Wages and PSAR Act.ppt