Dear All Members,
Currently i am working in Cash Management service company as AM_HR,our company is into managing ATM(cash loading in Bank ATMS).currently one of the central labour inspector visited one SBI ATM & has served us notice under display of abstract of minimum wages & maintenance of various registers.Here the question now arises that,we are into service agreement with the Bank,we dont supply them any kind of labour services or manpower services,we have our manpower on our company payroll &also the premises doesn't belong to us:
1.Can the labour officer serve us notice under the Minimum wages act or for maintaining registers at the ATM
2.They have not served notice to SBI as ATM belongs to SBI.
3.Also can the labour officer sent the matter to court inspite of our reply that premises dont belong to us & we are not supposed display anything.
What should be our next course of action,please suggest.
From India, Mumbai
1Currently i am working in Cash Management service company as AM_HR,our company is into managing ATM(cash loading in Bank ATMS).currently one of the central labour inspector visited one SBI ATM & has served us notice under display of abstract of minimum wages & maintenance of various registers.Here the question now arises that,we are into service agreement with the Bank,we dont supply them any kind of labour services or manpower services,we have our manpower on our company payroll &also the premises doesn't belong to us:
1.Can the labour officer serve us notice under the Minimum wages act or for maintaining registers at the ATM
2.They have not served notice to SBI as ATM belongs to SBI.
3.Also can the labour officer sent the matter to court inspite of our reply that premises dont belong to us & we are not supposed display anything.
What should be our next course of action,please suggest.
From India, Mumbai
The Labour Officer can direct you to follow the Acts in your office premises only. The department cannot direct you to display notices in the ATMs which is owned by some body else. Therefore, you may reply saying that what all registers are to be kept under the Minimum Wages Act are available in your office and the abstract of the Act is also displayed in your office and you are not expected to display it in the ATMs which is not owned and controlled by you. You may also ensure that your kind of operation has been included in the schedule of employment under the Minimum Wages Act. Though the Act is a central Act, it will be the state government who will notify which all operations (industries) come under it.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Dear Madhu,
Thank you very much for your reply,we have also received a notice from labour departmant to appear in court for that matter,but as it is not our premises,so what should be our stand in front of court,one of our advocate has advised to plead guilty & pay the penalty or we should get bail for our director & then we can contest the case.
From India, Mumbai
Thank you very much for your reply,we have also received a notice from labour departmant to appear in court for that matter,but as it is not our premises,so what should be our stand in front of court,one of our advocate has advised to plead guilty & pay the penalty or we should get bail for our director & then we can contest the case.
From India, Mumbai
Dear NSK,
We would suggest that you can appear in the court and contest the case. Please don't file the guilty petition.
If possible, please share the copy of notices to our mentioned email id and we shall suggest further proceedings accordingly,
From India, Chennai
We would suggest that you can appear in the court and contest the case. Please don't file the guilty petition.
If possible, please share the copy of notices to our mentioned email id and we shall suggest further proceedings accordingly,
From India, Chennai
I cannot understand how the labour department will issue a notice to you directing you to appear before a court! If the matter is before the court, then the court will summon you to appear or submit your reply. In this case no personal hearing has taken place, only the labour inspector has issued a notice to which you might have replied also and no further proceedings has taken place.
Please ensure genuineness of the notice and proceed.
Madhu.T.K
From India, Kannur
Please ensure genuineness of the notice and proceed.
Madhu.T.K
From India, Kannur
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