I run a security agency. Recently, I was fined Rs 500 for violation of Rule 22 of labour law by Judicial Magistrate First Class. What are the implications of his?
From India, Pune
From India, Pune
Dear Abhishek,
Every Act has its own Rules framed under it. In case of Central Labor Acts like the Minimum Wages Act,1948, which provides for simultaneous enforcement by both the Central and State Govts in their respective jurisdiction, there are separate State and Central Rules. Therefore, you should have specifically mentioned the Rules under which you were fined by the Court.
That apart, though the fine is imposed by a Judicial Magistrate, he does so under the powers vested in him as a competent Court to take cognizance of any offence complained of under the particular Labor Law only and not under any criminal law.
From India, Salem
6018Every Act has its own Rules framed under it. In case of Central Labor Acts like the Minimum Wages Act,1948, which provides for simultaneous enforcement by both the Central and State Govts in their respective jurisdiction, there are separate State and Central Rules. Therefore, you should have specifically mentioned the Rules under which you were fined by the Court.
That apart, though the fine is imposed by a Judicial Magistrate, he does so under the powers vested in him as a competent Court to take cognizance of any offence complained of under the particular Labor Law only and not under any criminal law.
From India, Salem
Just pay the fine amount and get discharged from the obligation. This is part of game but this will remain as stricture.
From India, Mumbai
From India, Mumbai
The J.M.F.C. would have fined for violation of certain act as per complaint lodged by some Labour Inspectors. It will be useful if the member reveal the correct facts i.,e fined for violating so and so Acts say F.A., S&C. Estt. Act.,MW, PW, S.O., etc., so that others can also take teps to rectify any defects.
It is better to comply with the deficiencies pointed out and take action not to violate same mistake in future; to avoid punishment for repeat offence.
, HR Consultant Hospet, Bellary 20.2.2018
From India, Bangalore
It is better to comply with the deficiencies pointed out and take action not to violate same mistake in future; to avoid punishment for repeat offence.
From India, Bangalore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Implications of Finance Bill 2012 on Court cases.doc
COVID Responing to People and Work Implications Mar 2020.pdf