Prakash Yedhula (Lawyer) 22 November 2009

PROCEDURE UNDER LABOUR LAWS

PROCEDURE UNDER LABOUR LAWS

Sl.No.	Details of Acts & Rules	Benefits & Remedies available to Workers	To which authority the worker has to apply for remedy	Who has to apply, documents to be enclosed, Time Limit prescribed	Time Limit to pass order by the authority	If aggrieved to whom appeal has to be made, time limit
1	The TamilNadu Shops & Establishment Act, 1947	1) Regulated working Hours, Double Wages for over Time, Weekly Holiday and issue of Service Book. 2) A worker who has completed six months service, on termination, may prefer an appeal for remedy.	Assistant Inspector of Labour Regional Deputy Commissioner of Labour Deputy Commissioner of Labour (Appeal), Chennai	Worker No time limit Within 30 days from the date of termination. (on reasonable grounds belated applications may also be accepted)	No time limit No time limit	Inspector of Labour/Regional Deputy Commissioner of Labour No time limit High Court, Chennai
2	The Tamilnadu Catering Establishments Act, 1958	1) Double Wages for Over Time, Weekly Holiday, Annual Leave, issue of Service Book & grant of National & Festival Holidays. 2) A worker who has worked not less than 120 days during the period of Six Months Service, on termination may prefer an appeal for remedy	Assistant Inspector of Labour Labour Officer in Districts	Worker No time limit Within 30 days from the date of termination. (on reasonable grounds belated applications may also be accepted)	No time limit --	Inspector of Labour/Regional Deputy Commissioner of Labour No time limit High Court, Chennai.
3	The Motor Transpot Workers Act, 1961	1) Overtime wages, Weekly Holiday, Issue of Leave Book, Individaul Control Book and Uniforms 2) Grant of National & Festival Holidays	Deputy Inspector of Labour	Worker No time limt	--	Inspector of Labour/Regional Deputy Commissioner of Labour
4	The Beedi & Cigar Workers (Conditions of Employment) Act, 1966	1) Double Wages for Over Time, weekly Holiday, issue of Service Book, Leave Book. 2)Settling the Grievances in the issuance of Raw Materials like Beedi Leaves & Tobacco. 3)Settling the Grievances in the rejection of finished Beedi & Cigar	Assistant Inspector of Labour Assistant Inspector of Labour / Inspector of Labour	Worker No time Limit Worker within 30 days	-- --	Inspector of Labour/Regional Deputy Commissioner of Labour Regional Deputy Commissioner of Labour
5	Plantations Labour Act, 1951.	1) Over Time Wages, Weekly Holidays, Annual Leave with Wages, issue of Service Book and Leave Book. 2) Provision of Housing, Medical, Educational, Recreation and Crech facilities to Workers & their families.	Inspector of Plantations Inspector of Plantation and Assistant Surgeon (Plantations)	Worker or Workers representative Worker or Workers representative	-- --	Regional Deputy Commissioner of Labour or Chief Inspector of Plantations, Chennai.6
6	The Working Journalists and other Newspaper Employees (Conditions of Service and Miscellaneous Provisions) Act, 1955.	1) Payment of Wages fixed by the Wage Board. 2) Grant of Leave / Holidays. 3) Appeal against Non- Employment	Inspector of Labour / Government Inspector of Labour Labour Officer in Districts	Worker Worker Worker	-- -- --	-- Regional Deputy Commissioner of Labour --
7	The Tamil Nadu Industrial Establishments (National & Festival Holidays) Act, 1958.	Grant of National and Festival Holidays to the Workers working in Shops and Establishments, Plantations, Beedi & Cigar Establishments and the Scheduled Employments under Minimum Wages Act.	Assistant Inspector of Labour Inspector of Plantations in respect of plantations	Worker	--	In respect of plantations, Regional Deputy Commissioners of Labour and for others Inspectors of Labour and Regional Deputy Commissioners of Labour.
8	The Child Labour (Regulation & Abolition) Act, 1986.	1) Prohibition of Employment of child labour in Hazardous Nature of work 2) Regulation of Employment of Child Labour in Non- Hazardous Nature of Work like i) Restriction of Working hours to Five Hours per day ii) Children should not be allowed to work between 7 pm to 8 am. iii) Grant of Weekly Holiday	Assistant Inspector of Labour “ “ “ “	Worker / Public “ “ “ “	-- -- -- -- --	Inspector of Labour / Regional Deputy Commissioner of Labour “ “ “ “
9	The Maternity Benefit Act, 1961	Grant of Maternity Leave & Sick Leave, Termination while Pregnancy / Delivery, Extracting Hard Work while Pregnancy, Payment of Maternity Bonus.	In respect of Plantations the Inspector of Plantations. For others, assistant Inspectors of Labour, Inspectresses of Labour, Coimbatore Tirunelveli and Chennai	Worker	--	In respect of Plantations, Chief Inspector of Plantations, Chennai.6 For others, Inspectors of Labour and Regional Deputy Commissioners of Labour.
10	The Equal Remuneration Act, 1976	Payment of Equal Wages for both the Sex (Male and Female) in one and the same Employnment	“	“	--	“
11	The Minimum Wages Act, 1948	Payment of Minimum Wages to the Workers working in the Scheduled Employments, issue of Wage Slip	In respect of Plantations, Inspector of Plantations. Motor Transport, Deputy Inspectors of Labour and For others Assistant Inspectors of Labour. Filing claim petition before the Regional Deputy Commissioner of Labour –within 6 months	Complaints by the worker For filing claim petitions i) By worker ii)By authorised Trade Union Representatives iii) By the Inspectors Notified under the Act.		Regional Deputy Commissioner of Labour If aggrieved on the orders on the claim petitions- High Court.
12	The Payment of Wages Act, 1936	1) Payment of Wages on the due date. 2) Unauthorised Deductions from Salary	In respect of Plantations, Inspector of Plantations. Motor Transport Deputy Inspectors of Labour. For others, Assistant Inspectors of Labour. Claim Petitions to be filed before Regional Deputy Commissioners of Labour, Time Limit with in one year.	Worker By Worker, his authorised Representative, Inspectors under the Act.	- -	Regional Deputy Commissioners of Labour High Court, Chennai
13	The Payment of Gratuity Act, 1972	Payment of Gratuity to Workers	Assistant Commissioner of Labour in the Office of the Deputy Commissioner of Labour	By worker, authorised workers Nominee/Legal heirs in Form ‘N’ within 90 days. On sufficient grounds delayed petitions may also be accepted.	No time limit	For Madurai and Coimbatore Zones, the respective Joint Commissioners of Labour. For Chennai Zone, the Deputy Commissioner of Labour(Appeal) Chennai.6.
14	The Payment of Bonus Act, 1965	Payment of Bonus to Workers	Assistant Commissioner of Labour in the Office of the Deputy Commissioner of Labour	Worker	-	Labour Court or Government
15	The Tamilnadu Payment of Subsistance Allowance Act, 1981	Payment of Subsistence Allowance to the Workers under Suspension	Assistant Commissioner of Labour in the Office of the Deputy Commissioner of Labour	By Worker in Form No.3. By the Authorised Representative of the worker or the Legal Heir of the worker in Form No.4.	-	Regional Deputy Commissioners of Labour / Deputy Commissioner of Labour (Appeal), Chennai.6. Time Limit 60 days
16	The Tamilnadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981.	Conferment of Permanent Status to workmen who have worked not less than 480 days within a period of 24 Calendar Months	In respect of Plantations, Inspectors of Plantations. For others (Other than Factories) Inspectors of Labour.	Worker	-	High Court, Chennai
17	The Industrial Disputes Act, 1947	1) Termination of a Worker who had worked not less than 240 days in a period of 12 months (See.2A) 2) Other Industrial Disputes (See.2K)	Conciliation Officers (Labour Officer / Assistant Commissioner of Labour) “	Worker Trade Union	- -	Labour Court If no settlement is arrived, Government may refer the dispute to Labour Courts.
18	The Workmen Compensation Act, 1923	Payment of Compensation due to Fatal Accident, Permanent / Temporary disablement, Occupational disease	Regional Deputy Commissioner of Labour ( Commissioner for Workmen Compensation)	By worker / His Dependants within 2 years. By worker in Form.F By Dependants in Form.G On Sufficient grounds belated applications may also be accepted.	-	High Court, Chennai
19	The Tamilnadu Labour Welfare Fund Act, 1972.	Various Welfare Schemes implemented by the Tamil Nadu Labour Welfare Board like 1) Tailoring Centres 2) Creches 3) Reading Rooms 4) TB wards in Govt. Hospitals 5) Rest Houses 6) Holiday Homes 7) Payment of Tution Fee and Exam Fee for typewriting / shorthand. 8) Scholarship for the professional courses. 9) Book-bank scheme. 10) Issue of Spectacle, hearing aids, Tri-Cycle, Artificial limbs. 11) Payment of Funeral Expenses Rs.500/- 12) Payment of Gift to the children who have come first and second rank in 10th and 12th standard in each educational district.	The Secretary, Tamilnadu Labour Welfare Board, Chennai.6.	The Worker who have subscribed to the Labour Welfare Fund	-	-
20	The Tamilnadu Manual Workers (Construction Workers) Welfare Scheme, 1994	1) Fatal accidents and for permanent disablement due to accident Group Insurance Scheme- Rs.1 Lakh. 2) Funeral Expenses Rs. 500/- 3) Payment of Rs.1000/- to the registered female workers for her first two delivery of children. 4) Payment of Scholarship to the Children of the Registered Construction Workers i) Rs. 750/- for the children who have passed 10th Standard. ii) Rs.1000/- for the children who have passed 12th Standard 5) Payment of Rs.1000/- for the marriage expenses of the first two children.	The Secretary, Tamilnadu Construction Workers Welfare Board, Chennai “ “ “	The Legal Heirs for fatal accidents By the Registered Construction Worker. “ “	- -	-
21	The Standards of Weights and Measures (Enforcement)Act, 1985. The Standards of Weights and Measures (Packaged Commodities) Rules, 1977.	1) Defective Weights & Measures used in Trading Premises. 2) Short delivery of Goods (Short Weighment and Measurement) 1) Failure to display the following declarations on packages kept for sale i) Name & address of the Manufacturer / Packer ii) Name of the commodity iii) Net contents iv) Maximum Retail Price v) Manufacturing Date vi) Selling the packaged for more than the marked price.	Assistant Inspector of Labour / Inspector of Labour / Regional Deputy Commissioner of Labour	By any person	-	Deputy Commissioner of Labour (Inspection), Chennai

THE PROCEDURES FOR OBTAINING LICENCES AND REGISTRATION CERTIFICATES FROM THE LABOUR DEPARTMENT

Sl. No.	Act & Rules	The Form in which Application to be made	Authority to whom application to be made	Details of Fees to be paid
				No. of Workers		Fees
1	The Motor Transport Workers Act, 1961 and the Rules made thereunder i) To obtain Registration Certificate ii) For Renewal (The Application should be made within 30 days before the expiry of the Current Year)	Form No.1 in Duplicate Form No.1 in Duplicate	The Chief Inspector of Motor Transport, Chennai-6 Through respective Deputy Inspector of Labour The Inspector of Labour (Through the Deputy Inspector of Labour)	Upto 10 workers		50.00
				Above 10 upto 25		110.00
				Above 25 upto 50		220.00
				Above 50 upto 100		450.00
				Above 100 upto 250		1100.00
				Above 250 upto 500		2200.00
				Above 500 upto 750		3300.00
				Above 750 upto 1000		4500.00
				Above 1000		6750.00
2	The Tamil Nadu Catering Establishment Act 1958 and the Rules made thereunder i) To obtain Registration Certificate ii) For Renewal (The application should be made before the expiry of the Current year)	Form No.1 in Duplicate Form No.1 in Duplicate	Assistant Inspector of Labour Assistant Inspector of Labour	Upto 5		30.00
				Above 5 upto 10		60.00
				Above 10 upto 20		120.00
				Above 20 upto 50		300.00
				Above 50 upto 100		600.00
				Above 100		1500.00
3	The Contract Labour (Regulation & Abolition) Act, 1970 and the Rules made thereunder i) By the principal employer To obtain Registration Certificate (Registration Certificate need not be renewed) ii) By Contractor a) To obtain Licence b) For Renewal (the application should be made with in 30 days before the expiry of the current year)	Form No.1 Triplicate Form No.IV in Triplicate Form No.VII in Triplicate	(For the establishments other than factories) The Assistant Commissioner of Labour in the office of the Regional Deputy Commissioner of Labour Inspector of Labour Inspector of Labour	Upto 20		100.00
				Above 20 upto 50		200.00
				Above 50 upto 100		500.00
				Above 100 upto 200		1000.00
				Above 200 upto 500		2000.00
				Above 500		3000.00

				Upto 20 Workers		50.00
				Above 20 upto 50		75.00
				Above 50 upto 100		100.00
				Above 100 upto 200		150.00
				Above 200 upto 500		250.00
				Security Deposit at the rate of Rs.50/- to each contract worker shall also be paid. (Fees as above) (For Renewal Security Deposit need not be paid)
4	The Plantation Labour Act, 1951 and the rules made thereunder. To obtain Registration Certificate (Need not be renewed)	Form No.1 in Duplicate	Inspector of Plantations	Upto 10 Hectares			50.00
				Above 10 upto 20			100.00
				Above 20 upto 50			200.00
				Above 50			250.00
5	The Beedi & Cigar Workers (Conditions of Employment) Act, 1966 and the Rule made thereunder i) To obtain licence ii)For Renewal The application should be made within one month before the expiry of the Current Year.	Form No.1 in Duplicate	Assistant Inspector of Labour	Workers	With Horse Power		Without Horse Power
				Upto 10	45.00		30.00
				Above 10 upto 20	90.00		60.00
				Above 20 upto 50	240.00		150.00
				Above 50 upto 100	450.00		300.00
				Above 100 upto 250	900.00		750.00
				Above 250	1650.00		1500.00
6	The Standards of weights and Measures9Enforcement) Act, 1985 and Rules male thereunder 1) To obtain Manufacturer License 2) To obtain Dealers License 3) To obtain Repairer License 4) Renewal of Manufacturer Licence 5) Renewal of Dealer Licence 6) Renewal of Repairer Licence ( Renewal Application should be made within 30 days before the expiry of the Current year)	Form LM 1 Form LD 1 Form LR 1 Form LM 2 Form LD 2 Form LR 2	Controller of Legal Metrology, Chennai.6 Through the Assistant Inspector of Labour. Inspector of Labour, Through Assistant Inspector of Labour	Manufacturer Licence Fee Dealer Licence Fee Repairer Licence (In respect of Repairer Licence Security Deposit of Rs.200/- shall also be remitted) Renewal fee for Manufacturer Licence Renewal fee for Dealer Licence Renewal fee for Repairer Licence			500.00 100.00 100.00 500.00 100.00 100.00
7	The Standards of Weights and Measures (Packaged Commodities) Rules, 1977 To obtain Registration Certificate by the Manufacturer/Packer of the Packaged Commodities (Registration Certificate need not be renewed)	One has to apply with the following particulars:- 1) Name & Full Address of the Manufacturer/ Packer 2) Place of Manufacturer 3) Details of Packaged Commodities	If the Marketing is within the State:- Controller of Legal Metrology, Chennai.6 If the Marketing is in more than one State :- Director of Legal Metrology, 12-A, ZamNagar, New Delhi- 110 011	Registration Fee Rs. 20.00