Dear Keshav ji
Here I am not fully agreed with you. A welfare officer is appointed under the Act and his service conditions are governed as per the provisions of the State formed as such there is some difference in the procedure to be adopted for taking disciplinary action against a WO as compare to the general employees. Before termination of the service of a WO permission of state government/Labour Commissioner is must which is not applicable in other cases. I am reproducing hereunder the rules in respect of the same which would clear my point of view more -
6. Conditions of Service of Welfare Officer-
(1) A Welfare Officer shall be given appropriate status corresponding to the status of the
other executive heads of the factory.
(2) The condition of service of a Welfare Officer shall be the same as the other member of
the staff of corresponding status in the factory.
(3) Notwithstanding anything contained in sub rule (2), the management may impose any one
or more of the following punishment on Welfare Officer.
Minor Punishments –
(i) Censure:
(ii) Withholding of increments including stoppage at an efficiency bar;
Major Punishments –
(i) reduction to a lower stage in a time scale;
(ii) dismissal or terminations of service in any other manner;
Provided that no order of punishment shall be passed against the Welfare Officer unless he has
been informed of the grounds on which it is proposed to take action and given a
reasonable opportunity of defending himself against the action proposed to be taken in regard
to him; Provided further that the management shall not impose any punishment other than
censure except with the previous concurrence of the Labour Commissioner, Haryana".
(4) The Labour Commissioner. before passing orders on a reference made under second proviso to
sub-rule (3) shall give the Welfare Officer an opportunity of showing cause
against the action proposed to be taken against him and if necessary. may hear the parties in person.
(5) If the Labour Commissioner on a reference made to him under the second proviso
to rub-rule (3) of rule o. refuses to give his concurrence, the management may appeal to the
State Government within thin}' days from the date of the receipt of the such refusal. the
decision of the State Government shall be final and binding.
(6) A Welfare Officer upon whom the punishment mentioned in clause (ii) of sub-rule
3 is imposed may appeal to the State Government against the order of punishment within
thirty days from the date of receipt of the order by hi m. The decision of the Stale Government shall be final and binding.
(7) The State Government may pass such interim order as may be necessary pending
the decision of appeal filed under sub-rule 5 or sub rule 6.
Regards
pkjain
From India, Delhi
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85Here I am not fully agreed with you. A welfare officer is appointed under the Act and his service conditions are governed as per the provisions of the State formed as such there is some difference in the procedure to be adopted for taking disciplinary action against a WO as compare to the general employees. Before termination of the service of a WO permission of state government/Labour Commissioner is must which is not applicable in other cases. I am reproducing hereunder the rules in respect of the same which would clear my point of view more -
6. Conditions of Service of Welfare Officer-
(1) A Welfare Officer shall be given appropriate status corresponding to the status of the
other executive heads of the factory.
(2) The condition of service of a Welfare Officer shall be the same as the other member of
the staff of corresponding status in the factory.
(3) Notwithstanding anything contained in sub rule (2), the management may impose any one
or more of the following punishment on Welfare Officer.
Minor Punishments –
(i) Censure:
(ii) Withholding of increments including stoppage at an efficiency bar;
Major Punishments –
(i) reduction to a lower stage in a time scale;
(ii) dismissal or terminations of service in any other manner;
Provided that no order of punishment shall be passed against the Welfare Officer unless he has
been informed of the grounds on which it is proposed to take action and given a
reasonable opportunity of defending himself against the action proposed to be taken in regard
to him; Provided further that the management shall not impose any punishment other than
censure except with the previous concurrence of the Labour Commissioner, Haryana".
(4) The Labour Commissioner. before passing orders on a reference made under second proviso to
sub-rule (3) shall give the Welfare Officer an opportunity of showing cause
against the action proposed to be taken against him and if necessary. may hear the parties in person.
(5) If the Labour Commissioner on a reference made to him under the second proviso
to rub-rule (3) of rule o. refuses to give his concurrence, the management may appeal to the
State Government within thin}' days from the date of the receipt of the such refusal. the
decision of the State Government shall be final and binding.
(6) A Welfare Officer upon whom the punishment mentioned in clause (ii) of sub-rule
3 is imposed may appeal to the State Government against the order of punishment within
thirty days from the date of receipt of the order by hi m. The decision of the Stale Government shall be final and binding.
(7) The State Government may pass such interim order as may be necessary pending
the decision of appeal filed under sub-rule 5 or sub rule 6.
Regards
pkjain
From India, Delhi
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Dear pkjain ji,
Greetings of the day!
It appears that the service conditions you have posted above are for Haryana, not Maharashtra. I have reviewed the Maharashtra Welfare Officers Rules, 1966, as amended up to date, and found no such provisions in it.
From India, Mumbai
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Greetings of the day!
It appears that the service conditions you have posted above are for Haryana, not Maharashtra. I have reviewed the Maharashtra Welfare Officers Rules, 1966, as amended up to date, and found no such provisions in it.
From India, Mumbai
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Dear Keshav ji,
Yes, my post contains the provisions of Haryana Rules. I have had no opportunity to go through the Maharashtra Rules. However, there are similar provisions in the Central Rules as mentioned by Mr. Kalyan Chky in his above-mentioned post in this thread. If there are no rules in Maharashtra in this regard, I think central rules will prevail over it. I am not very sure about the same, so please excuse me if I am wrong.
pkjain
From India, Delhi
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Yes, my post contains the provisions of Haryana Rules. I have had no opportunity to go through the Maharashtra Rules. However, there are similar provisions in the Central Rules as mentioned by Mr. Kalyan Chky in his above-mentioned post in this thread. If there are no rules in Maharashtra in this regard, I think central rules will prevail over it. I am not very sure about the same, so please excuse me if I am wrong.
pkjain
From India, Delhi
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Dear All,
I am looking for the applicable form (in PDF) for the application of the Welfare Officer examination, which is being conducted in Mumbai, Maharashtra.
Please send the form.
Regards,
Sampat Paradhi
sampat_p@rediffmail.com
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I am looking for the applicable form (in PDF) for the application of the Welfare Officer examination, which is being conducted in Mumbai, Maharashtra.
Please send the form.
Regards,
Sampat Paradhi
sampat_p@rediffmail.com
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Hi, this is Shekar working as an HR. Can anybody tell me how many welfare officers should be appointed if the factory's strength is 1000, 1500, 2000, 2500, 3000, and 3500? I have a bit of confusion on this.
Regards,
Shekar
From India, Ahmedabad
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Regards,
Shekar
From India, Ahmedabad
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Role of Welfare Officer.doc
TN Labour Welfare Fund 2018.pdf