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procedure under labour laws

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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


Total likes : 3 times

 
Reply   
 
Publishers

Information compiled in a handy format. Great work Sir.

 
Reply   
 


ADVOCATE

Thanks for the valuable information

 
Reply   
 
ADVOCATE & DIRECTOR

it will be very useful to the labour  court lawyers, thanks for the nice presentation.

 
Reply   
 
Practicing lawyer(B.Com LL.M in Business law )

Thnks Sir for posting the said procedure. Earlier also u hv posted Civil n criminal stages for proceedings...very useful

 
Reply   
 

Thanks for useful information.

 
Reply   
 
Advocate

Thank You sir it is very Useful - 

 
Reply   
 
Advocate

Thank You sir it is very Useful - 

 
Reply   
 
HR Manager

Dear Sir,

i very very thank to your information sir,

PROCEDURE UNDER LABOUR LAWS 

Regards,

HARIHARAN.P

HR Manager

Madurai

 
Reply   
 
Advocate

Very good guidance to the legal fraternity.  

 
Reply   
 

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