ikjot2004
10

dear seniors,
can you tell me the authority of labour commissioner, deputy labour commissioner, asst labour commissioner, labour officer under various labour laws.
kindly help me
paramjeet singh

From India, Dehra Dun
Madhu.T.K
4249

Under each Act the appropriate authority has been defined. Wherever the Labour Commissioner/ Asst. Labour Commissioner or District Labour Officer has been described as appropriate authority, under that Act he should possess all enforcement and general rights as may be conferred to him. For example, under the Maternity Benefit Act, in respect of any mines or any establishment under the control of central Govt, the appropriate government is the central government and the authority will be notified by central Govt and in respect of others and those under the control of state government the state Govt. will notify the authorities who will be responsible for enforcement of the provisions of the said Act and hearing matters connected with maternity benefits.

Under Industrial Disputes Act, the appropriate Govt will notify officers of the labour department who will act as conciliation officers. Under the Workmen's Compensation Act a Commissioner for Workmen's compensation will be appointed who will redress the matters connected with compensation.

In the similar manner other Acts have also defined who will take care of its enforcement and settlement of disputes relating to it. In combination to it, inspectors will also be appointed by the appropriate Govt. Therefore, the rights and duties of a Labour department official will vary from Act to Act and case to case. If under ID Act his right is to make an amicable settlement to a dispute by calling both the parties to the dispute, his role under Minimum Wages Act or Payment of Gratuity Act will be different. Under both these Acts, they are conferred with specific and powerful powers.

Madhu.T.K

From India, Kannur
yogesh.gupta054@gmail.com
Dear Sir, I would like to know that A DLC can decide that whether a person is workmen or supervisor? Thanks and Regards Yogesh Kumar Gupta yogesh.gupta054@gmail.com
From India, Delhi
R.N.Khola
363

Dear Yogesh,
DLC (Deputy Labour Commissioner) does not have the powers to decide that whether a person is workmen or supervisor as he is not holding the powers of adjudication. Presiding Officers of Labour Courts/Industrial Tribunals do have such powers. DLC working in the capacity of Conciliation Officer under ID Act settle the dispute or send FOC to Appropriate Govt with his recommendation.
Regards,
R N KHOLA

From India, Delhi
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