Smita_L01042008 (student) 18 November 2010

Problem with labour inspector

Good afternoon to all members,

Seek your expert guidance in one incident.

A Private company has branches all over india. In one of the southern State, the branch was working normally as there was no intimation from the management/ HO about the holiday. However, the said day was declared as holiday for election by government. but since employees were working on declared holiday for election, a labour inspector arrived at the branch and objected on the same.

please guide.

1. what will be the consequences of not giving holiday on declared holiday for election.

2. what are the power of the labour inspector.

3. will the company emposed to any litigation/ complaint etc.

Regards to all members.

Reply Follow

4 Replies

radha krishna (vp-hr) 18 November 2010

You have not mentioned the state and the nature of premises (factory or shop).Assuming your is a SHOP under Shops act flg is answer is given:

When an Inspector comes and finds tha you are open and working on a paid holiday-

(a) He generally insists on you to close the premises in his presence (since you pleaded ignorence of law). If you obey and close the premises, he will nor take any action.

(b) Some state laws has the process wherein the Inspectors will levy fine on the spot and and also ensure that the premises are closed in his presence after the fine is remitted..

(c) Some state laws, the Inspectors will write an Inspection note and take your signature,send inspection notice and then file a case in a court and you have to pay fine in the court if levied and the Judge may also pardon you.

Kirti Kar Tripathi (lawyer) 19 November 2010

1. The company is liable to be prosecuted and also liable to make payment to its employees at the rate of double of their ordinary wages.

2.labour inspector can file case for direction before the authority under the payment of wages act and can also apply for initiation of prosecution before the competent authority.

3. yes