Is Labor Commissioner competent to decide as to whether a person is "workman" within the meaning of Industrial Disputes Act ?
P.ESAKKIMUTHU (LABOUR CONSULTANT) 07 January 2011
Under ID Act, the Labour Commissioner can not be a competent authority to decide whether a person is workmen or not.Only the Labour Court is competent authority to adjudicate such issues.This is with reference to Tamilnadu.Labour Commissioner is competent to decide whether the establishment is a shop or not under TN Shops and establishment Act and also he is competent to decide whether any industry is seasonal or otherwise
V. VASUDEVAN (LEGAL COUNSEL) 08 January 2011
Kirti Kar Tripathi (lawyer) 16 January 2011
Labour Commissioner is Act as a representative of appropriate government while exercising the powers of Industrial Disputes Act, he can hold meeting for collective bargaining, conciliation and send his failure report to the Government. The determination of determination of status of an employee as to workman involve adjudication after adducing the evidence by the parties, which a question of fact and is exclusively within the jurisdiction of the Labour Court or Industrial Tribunal, where the case was referred.
Lorax Michael (N A) 13 August 2014
If an employee registered the complaint aginst the company to the concerned Labour commissioner of his area that he has been exploit by the company on racial ground.
Do the commissioner have the power to investigate this matter and file the report to the goverment.
or it does not come into their jurisdiction.