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Col Rathi   02 August 2016

What are , if any, judicial powers of labour commissioner

Dear Sir, Would like to know if labour commissioner has any judicial powers. Regards, Col.Rathi


 7 Replies

Col Rathi   02 August 2016

Try to add value to the discussion, with your each post.

Kumar Doab (FIN)     02 August 2016

 

Quasi-judicial powers i.e. resembling court of law, judge.

The powers are explained under different enactments e.g;

https://pblabour.gov.in/Content/documents/PDF/rti/rti_chapter03.pdf

https://chandigarh.gov.in/dept_labour.htm

 

Col Rathi   02 August 2016

Dear Sir,

Thanks for the reply.I would like to seek a clarification.Under Quasi judicial powers what directions can he pass ? For instance can he pass order that Principal Employer has to provide job to all or few of contractual staff when the contract of 11 months of the Contractor comes to an end  AND new contactor has deployed his staff?

If so the under which authority ? We had a contractor who provided us House Keeping staff for 11 months and now we are being given verbal directions by Lab Commissioner to force the new Contractor to employ old staff and is delaying extending our PE regisertation.

Regards,

Col.Rathi

Kumar Doab (FIN)     02 August 2016

What is the opinion of your own legal cell or Labor Law Consultant of the establishment?

Request for the written order.

Col Rathi   02 August 2016

Dear Sir,

Thanks.No he has not given any written order and I do not think he will do so.

He lets the union representing the staff to abuse the lawyer and our reps and asks lawyer to bring the owner to the court.

He is allowing the union and ex employees of Contractor to try and force our lawyer to accept the undue demand of the union.

We have told our lawyer to ask him to give directions in writing and in case he cancells our regisertation we will go to court against the order.

Hope our stand is correct.

Regards,

Col.Rathi

Regards,

Col.Rathi

Kumar Doab (FIN)     02 August 2016

Apparently yes.

Record all transactions.

Your own able counsel can advise you further.

 

Col Rathi   02 August 2016

Dear Sir,

Thanks. I have not been able to obtain from net any legal powers entrusted in Lab Dept other that to levy fines.

Regards,

Col.Rathi


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