Respected Seniors,
I require help regarding this situation:
An Office bearer of a de-registered Trade Union has complained to Central Labour Authorities that our Mines have engaged contract labour in prohibited category of jobs under sec 10 of CL(R&A) Act.
Previously our mines was inspected 3 times by Central Labour Authorities based on this persons complain, however, the complains were found to be not true. The said person have also lodged cases in High Court regarding this.
Now, based on the last complain the Central Labour Authorities are intending to inspect our mines in presence of the complainant. But we are having objection to allow that person to enter our mines area due to his past records of creating law and order problems, but we are ready to cooperate with Labour Authorities by showing him records, sites etc.
My question is, are we bound to allow the complainant to enter our area if Labour Authorities asks so. Does CL(R&A) Act or any other Labour Act empowers the inspector to bring any person to enter our premises for inspection.
From India, Calcutta
1I require help regarding this situation:
An Office bearer of a de-registered Trade Union has complained to Central Labour Authorities that our Mines have engaged contract labour in prohibited category of jobs under sec 10 of CL(R&A) Act.
Previously our mines was inspected 3 times by Central Labour Authorities based on this persons complain, however, the complains were found to be not true. The said person have also lodged cases in High Court regarding this.
Now, based on the last complain the Central Labour Authorities are intending to inspect our mines in presence of the complainant. But we are having objection to allow that person to enter our mines area due to his past records of creating law and order problems, but we are ready to cooperate with Labour Authorities by showing him records, sites etc.
My question is, are we bound to allow the complainant to enter our area if Labour Authorities asks so. Does CL(R&A) Act or any other Labour Act empowers the inspector to bring any person to enter our premises for inspection.
From India, Calcutta
Since the Inspection is carried out after the authorities have received a complaint and at the same time, on the basis of first complaint by the same complainant they could not find any truth in the complaint, it is possible that the authorities would like to inspect he work place in the presence of the complainant only. For this, you will have to cooperate. This can be viewed differently also. If the complainant is not present at the time of inspection and again the Officer finds nothing wrong and sends a report accordingly, the same can be questioned saying that the Officer has done something illegally by taking bribes from the company management. Therefore, if the Officer wants that the complainant to be present, let him be there. If you are okay and transparent, why should you worry?
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Thanks a lot, respect seniors for your views. Happy New Year.
However, Sirs, our problem is not with letting our establishment inspected but entry of the particular person inside our area is the problem. We feel his entry for whatever reason will have adverse impact on IR situation of our mines. The main reason for our apprehension are as follows:
1. The person is a habitual offender in law & order cases. Around 30 nos of police cases are pending in local police station.
2. The person have manhandled our officers in multiple occasions.
3. His union has been de-registered and have no followers among our regular employees.
4. We feel his presence inside our premises will harm the motivation of our employees.
5. He may use his presence with a Govt Officer, as a show of power and misguide our employees.
I know the reasons shown above may not be concrete enough, however any help/suggestion in this regard will help me a lot.
From India, Calcutta
However, Sirs, our problem is not with letting our establishment inspected but entry of the particular person inside our area is the problem. We feel his entry for whatever reason will have adverse impact on IR situation of our mines. The main reason for our apprehension are as follows:
1. The person is a habitual offender in law & order cases. Around 30 nos of police cases are pending in local police station.
2. The person have manhandled our officers in multiple occasions.
3. His union has been de-registered and have no followers among our regular employees.
4. We feel his presence inside our premises will harm the motivation of our employees.
5. He may use his presence with a Govt Officer, as a show of power and misguide our employees.
I know the reasons shown above may not be concrete enough, however any help/suggestion in this regard will help me a lot.
From India, Calcutta
Sir, in case you have any apprehension that the said Trade Union Leader will create problem for you or for law abiding workers, you can, in my opinion, bring the entire position to the knowledge of the visiting officer as well as to his seniors. In case, there is no assurance from Labour Department Officials, I think, as a last resort, you can also discuss the entire issue with your High Court counsel and try to file some appropriate case in the hon'ble High Court seeking appropriate directions in the matter both to the visiting persons-Labour Department Official(s) as well as to the said Trade Union Leader.
From India, Noida
From India, Noida
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