One day labour inspector came at our company and gave number of faults in inspection report regarding HR Compliance. But our HR person did not reply. After few month court gave us notice regarding inspection report reply. What will we do in that condition.? Pls Help me.
From India, undefined
From India, undefined
Dear Punam,
If the Labour Inspector gave notice for HR non-compliance then why HR did not reply? Why was he/she sitting on that? Moreover, why the senior management did not follow up with HR to correct the anomalies and give a reply. Now what you have received from court is "summons" and not "notice". The cause of this summons is non-communication from your company.
Non-communication or rather nonchalance has aggravated the problem. This speaks of your management's lethargic attitude. Now at this stage, "occupier" of the company needs to appear in person on the day of hearing. For this you need to hire a lawyer also. If possible, work on each point of objection and submit the reply to the court. In case if it is not possible to submit proper a reply then ask for a little more time from the court.
Indian judiciary moves at slowest pace in the world. Now there is possibility of case being dragged on and on and for each hearing, you need to pay the lawyer's charges. It appears that your company is too rich to get into the avoidable litigation.
Thanks,
Dinesh Divekar
From India, Bangalore
7884If the Labour Inspector gave notice for HR non-compliance then why HR did not reply? Why was he/she sitting on that? Moreover, why the senior management did not follow up with HR to correct the anomalies and give a reply. Now what you have received from court is "summons" and not "notice". The cause of this summons is non-communication from your company.
Non-communication or rather nonchalance has aggravated the problem. This speaks of your management's lethargic attitude. Now at this stage, "occupier" of the company needs to appear in person on the day of hearing. For this you need to hire a lawyer also. If possible, work on each point of objection and submit the reply to the court. In case if it is not possible to submit proper a reply then ask for a little more time from the court.
Indian judiciary moves at slowest pace in the world. Now there is possibility of case being dragged on and on and for each hearing, you need to pay the lawyer's charges. It appears that your company is too rich to get into the avoidable litigation.
Thanks,
Dinesh Divekar
From India, Bangalore
Since you have got summons from court, at this stage there is no other alternative but to appear and defend you case in the court.
From India, Kolkata
From India, Kolkata
Please understand the process of Court summons first. The Inspecting authorities, in general, whether it is Inspector or Officer or even Commissioner, he conveys the shortcomings through written communication for rectifications within a stipulated time period. If the authorities concerned are satisfied with your compliance / submissions, the matter ends otherwise it is referred to the Honerable Court with the sanction of authorities so empowered.
In your case, since the matter is already referred to the Court, nothing can be done except either contesting or admitting the guilt and request for compounding by way of paying fines according to the provisions laid down in different Labour Acts. In case of Factories Act, even presence of Occupier can be insisted.
P K Sharma
From India, Delhi
In your case, since the matter is already referred to the Court, nothing can be done except either contesting or admitting the guilt and request for compounding by way of paying fines according to the provisions laid down in different Labour Acts. In case of Factories Act, even presence of Occupier can be insisted.
P K Sharma
From India, Delhi
Dear Punam,
From the foregoing replies of our learned friends you will understand that what you are facing now is a prosecution before a competent court of law for non-compliance of the provisions of some labour law applicable to your establishment. If you ignore the summons, the employer would be served with a non-bailable warrant thru the police. So, the person who is summoned should personally appear before the court on the date specified without fail. The employer may admit the charges or contest the case. He can avail the services of a counsel and file a petition u/s 205 Cr.PC to dispense with personal appearance subject to the approval of the court. This is the possible course of action at your end.
Better, be vigilant in future about inspections conducted by any statutory authorities. Generally the purpose of inspections is to ensure compliance by immediate rectification of the defects if any pointed out and not to prosecute. Even after receipt of inspection orders, you don't care only means you take legal matters very lightly.
From India, Salem
From the foregoing replies of our learned friends you will understand that what you are facing now is a prosecution before a competent court of law for non-compliance of the provisions of some labour law applicable to your establishment. If you ignore the summons, the employer would be served with a non-bailable warrant thru the police. So, the person who is summoned should personally appear before the court on the date specified without fail. The employer may admit the charges or contest the case. He can avail the services of a counsel and file a petition u/s 205 Cr.PC to dispense with personal appearance subject to the approval of the court. This is the possible course of action at your end.
Better, be vigilant in future about inspections conducted by any statutory authorities. Generally the purpose of inspections is to ensure compliance by immediate rectification of the defects if any pointed out and not to prosecute. Even after receipt of inspection orders, you don't care only means you take legal matters very lightly.
From India, Salem
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0_replacement for labour inspector raj.pdf