Complaint to magistrate under equal renumeration

Dilip (Querist) 04 March 2024 This query is : Resolved
Under equal renumeration act can we complaint to Magistrate directly like we complaint under 200.crpc is there any procedure or can.anyone.tell.me.the format to complaint under equal renumeration act what is the procedure

Follow Query

Report Abuse

Quick Summary

This discussion clarifies that complaints under the Equal Remuneration Act should not be filed directly with a Magistrate, unlike Section 200 of the CrPC. Instead, complaints must be made to the Authority constituted under the Act, following specific procedures and forms (Form 'A' for complaints, Form 'B' for claims). A single complaint or claim can represent a group of workers in the same establishment, and can be filed by the worker, a legal practitioner, a trade union official, an Inspector, or another authorised person.

Pradipta Nath (Expert) 05 March 2024
Equal Remuneration Act Complaint has to be filed before the Inspector constituted under this Act.

T. Kalaiselvan, Advocate (Expert) 05 March 2024
You may have to follow the procedures as prescribed in the law meant for it.

Sudhir Kumar, Advocate (Expert) 05 March 2024
please elaborate facts.

Dilip (Querist) 05 March 2024
Kindly can I have the procedure prescribed by law

T. Kalaiselvan, Advocate (Expert) 05 March 2024
Complaints and Claims under the Act
3. Complaints regarding contravention of the Act. -- (1) Every complaint under clause
(a) of sub-section (1) of Section 7 shall be made in triplicate, in Form ‘A’ to the
Authority.
(2) A single complaint may be made by, or on behalf of, or in relation to, a group of
workers, if they are employed in the same establishment and the complaint relates to the
same contravention.
(3) A complaint may be made by the workers himself or herself or by any legal
practitioner, or by any official of a registered Trade Union, authorized in writing to
appear and act on his or her behalf or by any Inspector appointed under Section 9 or by
any other person acting with the permission of the Authority.
4. Claim regarding non-payment of wages etc. -- (1) Every claim under clause (b) of
sub-section (1) of Section 7 shall be made y petition in triplicate, in Form ‘B’ to the
Authority.
(2) A single petition may be made by, or on behalf of, or in relation to, a group of
workers, if they are employed in the same establishment and their claims are of the same
nature.
(3) A claim may be made by the worker himself or herself or by any legal practitioner, or
by any official or a registered Trade Union, authorized in writing to appeal and act on his
or her behalf or by any Inspector appointed under Section 9 or any other person acting
with the permission of the Authority.
5. Authorization. -- The authorization referred to in Sub-rule (3) of Rule 3 or Sub-rule (3)
of Rule 4 shall be in Form ‘C’ which shall be presented to the Authority to whom the
complaint or the claim as the case may be, is made along with such complaint or claim
and shall form part of the record.

P. Venu (Expert) 05 March 2024
The query is deficient of material facts.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries