powers of the labour commissioner
Eswar Kumar potti
(Querist) 25 January 2011
This query is : Resolved
Dear Sahshi Sir and Ajay Sir,
with reference to your reply, i do agree that the query to be in short but situation as such made me to post such a bulky query for making experts to render their valuable advise.
Sir,
As you advised me for short query, i am posting the following :
central Govt department has been providing free school transport for children as per the instructions issued GOI and there is no provision for bus care takers which is essential for controlling the discipline among the school children as they are tender minds. accordingly, the authority has assigned responsibility to welfare department to hire care takers and they were paid out of contribution made by parents not from consolidated fund of india and they are working for 5 hrs and their job does not involve any industrial manual labour.
They have approached ALC office for grant of temporary status and paying of minimum wages, presently the case is pending befroe CGIT. further , once again they have approached with same claim and facts for paying minimum wages.
we have taken our stand that they are working for 5 hrs , hence they are not entitled for minimum wages and also they were paid out of contribution made by parents and not receiving any fund to subsidies the deficiency.
my question follows
once the subject matter is sub -judice, the ALC has any power to admit the complaint and conducting proceeding in which has already been referred by ALC to Ministry of labour.
once they are paid out contribution made by parents, are they entitled from paying minimum wages.
If ALC is taking side of the complainats and invoking excessive jurisdiction, what steps to be taken to tackle the isue.
they are not readsy to give anythig in writing for inespaction premises.
What procedure to be followed if ALC prepare the claim under the provisions Minimum wages Act.
Any suggestion be forwarded to me tacke/counter their excessive jurisdiction.
pl cite any Judgment in this regard
Regards
