LABOUR AND INDUSTRIAL DISPUTE CASES

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  • FACTORIES CASES UNDER THE FACTORIES ACT,1948
    • Replying The Show Cause Notices Of Inspector Of Factories
    • Taking Them Further IntoCourts Of Law From The Authorities Till High Courts And Supreme Court
    • Appeals In The Factories Act, 1948 (Sec.107)
      • The manager or the occupier of the factory on whom an order in writing by an Inspector has been served under the provisions of this Act may, within thirty days of the service of the order, appeal against it to the prescribed authority, and such authority may, subject to rules made in this behalf by the State Government, confirm, modify or reverse the order.
        • First Appellate Authority
        • Appellate Tribunal
        • High Court and
        • Supreme Court
    • Default In Complying With Provisions Of Or With Conditions Prescribed Under The Factories Act, 1948  Would Attract Certain Penalty And In Critical Cases Prosecutions As Well. The Factories Act, 1948 Provides For Following Offenses And Penalties (Sec.92-106)
    • General Penalty For Offences (Sec.92)
      • This section states that in case there is any kind of contravention with the laws of the Act, then the occupier and the manager of the factory will be equally responsible for the breaking of law.
      • They will be punishable for with imprisonment upto 2 years and fine upto Rs.2 lakhs. In case, they continue the breach, they will be punishable with Rs. 10 thousand each day of the continuing breach.
    • Liability Of Owner Of Premises In Certain Circumstances (Sec.93)
      • This section states that in case a factory is on lease to various occupiers, the owner of the factory is still responsible for providing and maintaining certain services like drainage, approach roads, water supply, electricity, lighting, sanitation, etc.
    • Enhanced Penalty After Previous Conviction (Sec.94)
      • Firstly, if there is any person in a factory who does any general offense and repeats it, then he will be punishable with imprisonment upto 3 years or fine of atleast Rs. 10 thousand (upto Rs. 2 lakhs) or both.
      • (b) Secondly, in order to find the applicability of this provision, the managers should only count the offenses within the last 2 years of the latest offense.
    • Penalty For Obstructing Inspector (Sec.95)
      • This section states that whoever obstructs an Inspector in the exercise of any power conferred on him by or under this Act, or fails to produce on demand by an Inspector, then that person will be punishable with imprisonment upto 6 months or fine upto Rs. 10 thousand or both.
      • This also applies to the cases where a person prevents any worker in a factory from appearing before or being examined by an Inspector.
    • Penalty For Contravention Of The Provisions Of Sections 41B, 41C And 41H (Sec.96A)
      • Whoever fails to comply with or contravenes any of the provisions of section 41B (RELATING TO COMPULSORY DSICLOSURE OF INFO TO CHIEF INSPECTOR), 41C (RESPONSIBILITY OF THE OCCUPIER IN RELATING TO HAZARDOUS PROCESS) OR 41H (RIGHT OF WORKER TO BE INFORMED ABOUT IMMINENT DANGER) shall, in respect of such failure or contravention, be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to Rs. two lakh rupees,
    • Offences By Workers (Sec.96)
      • This section states that if any worker working in the factory contravenes with the rules or provisions of the Act, creating liabilities for other workers, will be punishable with a fine of at least Rs.500.
  • Penalty for using false certificate of fitness (Sec.98)
      • Fitness Certificate states the level of fitness of an individual for a particular job or work. In factories, this certificate plays an important role. This section punishes those workers who try to present a false ‘Certificate of Fitness’.
      • If anyone tries to do so, he will be punishable with imprisonment of 2 months. Moreover, he may be punishable with a fine of at least Rs. 10 thousand. In certain cases, he is punished with fine and imprisonment.
    • Penalty For Permitting Double Employment Of Child (Sec.99)
      • Firstly, if any child works in a factory and works with another factory on the same day, then his parents will be punishable. They will be punished with a fine of Rs.1000.
      • Secondly, this case also applies to the person who gets benefit from such child’s wages.
    • Exemption of occupier from liability in certain cases (Sec.101)
      • This section provides an opportunity to the managers and the occupiers of the factories who have done an offense to prove themselves non-guilty. So, in order to prove themselves right, they have to give notice to the inspector within 3 days stating their interest of proving themselves non-guilty. Moreover, they have to prove 2 things by themselves:
        • (a) Firstly, he has complied with all the provisions of the act.
        • (b) Secondly, someone else is the real culprit and he didn’t know about the offense being done by the real offender.
    • Power Of Court To Make Orders (Sec.102)
      • This section states that powers of the courts in case any manager does any offense under the Act. The court along with punishing the offenders can take steps in remedying the situation.
    • Presumption as to employment.(Sec.103)
      • This section states that if any person is near any machinery in the factory during the working hours, then he will be considered as a worker of the factory. This provision does not apply in the case when a person is near any machinery during the intervals.
    • Onus As To Age (Sec.104)
      • This section states that the onus to prove that a person is of a certain age would lie on the person himself and a certificate in writing from the certifying surgeon for this purpose is admissible as evidence of age.
    • Cognizance Of Offences (Sec.105)
      • No Court shall take cognizance of any offence under this Act except on complaint by, or with the previous sanction in writing of, an Inspector.
      • No Court below that of a Presidency Magistrate or of a Magistrate of the first class shall try any offence punishable under this Act
    • Limitation Of Prosecutions (Sec.106)
      • No Court shall take cognizance of any offence punishable under this Act unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector: Provided that where the offence consists of disobeying a written order made by an Inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.
    • The Factrories Act Provides For The  Health, Safety, Welfare, Service Conditions And Other Aspects Of Workers In Factories. The Act Is Enforced By State Government Who Frame Rules That Ensure That Local Conditions Are Reflected In Enforcement.
    • Applicable To All Factories Using Power And Employing 10 Or More Workers, And If Not Using Power, Employing 20 Or More Workers On Any Day Of The Preceding 12 Months.
    • To Prevent Haphazard Growth Of Factories Through The Provisions Related To      The Approval Of Plans Before The Creation Of The Factory.
    • To Regulate The Working Conditions In Factories, Regulate The Working Hours, Leave, Holidays, Overtime, Employment Of Children, Women And Young Persons Etc.,
    • To Ensure Adequate Safety Measures, And To Promote The Health And Welfare Of The Workers Employed In Factories.
  • WORKMEN COMPENSATION CASES UNDER THE WORKMEN COMPENSATION ACT, 1923
    • Workmen Compensation under The Workmen’s Compensation Act, 1923
      • Replying the Show Cause Notices of Commissioner / Inspector of Factories / Labor Officer
      • Taking them further into Courts of Law from the Authorities till High Courts and Supreme Court
    • Appeals in The Workmen’s Compensation Act, 1923
      • An Appeal shall lie to the High Court from the orders of a Commissioner
      • The period of limitation for an Appeal under this section shall be Sixty Days.
      • The provision of Section 5 of Limitation Act, 1963 (36 of 1963) shall be applicable to appeals under this section.
    • DefaultIn Complying With Provisions Of Or With Conditions Prescribed Under The Workmen’s Compensation Act, 1923 Would Attract Certain Penalty And In Critical Cases Prosecutions As Well. The Workmen’s Compensation Act, 1923 Provides For Following Offenses And Penalties (Sec.4A)
      • Where an Employer is in default in paying the compensation due under this Act, within one month from the date it fell due, the Commissioner shall
        • Direct that the Employer in addition to the amount of arrears, pay simple interest thereon at the rate of 12 % per annum or on such higher rates
        • Commissioner under the Act has the power to impose penalty and the interest on the cleared amount as per the provisions of the act
    • Appointment of Commissioners (Sec.20)
      • The State Government by Gazette Notification appoint any person to be a Commissioner for Workmen’s Compensation for such area as may be specified in the notification.
      • Any Commissioner may, for the purpose of deciding any matter referred to him for any decision under this Act, choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiry.
      • Every Commissioner shall be deemed to be a Public Servant within the meaning of the Indian Penal Code (45 of 1860)
    • Reference to Commissioners (Sec.19)
      • If any question arises in any proceedings under this Act as to the liability of any person to pay compensation (including any question as to whether a person injured is or is not a workman) or as to the amount or duration of compensation (including any question as to the nature or extent of disablement), the question shall, in default of agreement, be settled by a Commissioner (Sec.19(1))
      • No civil Court shall have the jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by a  Commissioner or to enforce any liability incurred under this Act.(Sec.19(2))
    • The Workmen’s Compensation Act, 1923 Provides For Payment Of Compensation To Workmen And Their Dependants In Case Of Injury And Accident (Including Certain Occupational Disease) Arising Out Of And In The Course Of Employment And Resulting In Disablement Or Death.
    • For The Injury Suffered Or Death Caused From And Out Of The Course Of Employment, Results In Mutual Rights And Liabilities Of The Employer And The Employee For The Compensation, To Be Determined By A Commissioner In First Instance And Thereafter By Labour Courts And Subsequently Decided In High Court.
  • WAGE SETTLEMENT CASESUNDER THE INDUSTRIAL DISPUTE ACT, 1947, THE EMPLOYMENT (STANDING ORDERS) ACT,1946 AND OTHER LABOR LAWS
    • Wage Settlement Under The Industrial Dispute Act, 1947, The Employment (Standing Orders) Act,1946 And Other Labor Laws
      • Replying the Show Cause Notices of the Labour Commissioner / Inspector of Factories / Labor Officer
      • Taking them further into Courts of Law from the Authorities till High Courts and Supreme Court
    • Methods Of Wage Settelement Dispute Redressal
      • Aribtration
      • Conciliation
      • Adjudication
    • Three-Tier Machinery For The Adjudication Of Industrial Disputes
      • Labour Court
      • Industrial Tribunal
      • National Tribunal
    • The Matters That Come Within The Jurisdiction Of An Labour Court, Industrial Tribunal And National Tribunal Include The Following:
      • Wages, including the period and mode of payment.
      • Compensatory and other allowances.
      • Hours of work and rest periods.
      • Leave with wages and holidays.
      • Bonus, profit sharing, provident fund, and gratuity.
      • Classification by grades.
      • Rules of discipline.
      • Rationalisation.
      • Retrenchment of employees and closure of an establishment or undertaking.
      • Working in line with Company Management towards Wage Settlement between Employer and Employee Union
  • LABOUR CASES OR INDUSTRIAL DISPUTES UNDER THE INDUSTRIAL DISPUTE ACT, 1947, THE EMPLOYMENT (STANDING ORDERS) ACT,1946 AND OTHER LABOR LAWS
    • Labour Cases or Industrial Disputes under The Industrial Dispute Act, 1947, The Employment (Standing Orders) Act,1946 and other labor laws
      • Replying the Show Cause Notices of the Inspector of Factories / Labor Officer
      • Taking them further into Courts of Law from the Authorities till High Courts and Supreme Court
    • Appeals Under The Industrial Dispute Act, 1947
      • Authorities for Investigation and settlement of industrial disputes:
      • Works Committee. (Sec.3)
      • Conciliation Officers. (Sec.4)
      • Boards of Conciliation. (Sec.5)
      • Court of Inquiry. (Sec.6)
      • Labour Courts (Sec.7)
      • Industrial Tribunals. (Sec.7A)
      • National Tribunal. (Sec.7-B))
      • High Court and
      • Supreme Court
    • Default In Complying With Provisions Of Or With Conditions Prescribed Under The Industrial Disputes Act, 1947 Would Attract Certain Penalty And In Critical Cases Prosecutions As Well. The Industrial Disputes Act, 1947provides For Following Offenses And Penalties
    • Lay Offs / Retrenchment (Sec.25Q)
    • Illegal Closure (Sec.25-R(1)
    • Illegal Strikes By Workmen (Sec.26(1))
    • Illegal Lockout By Employer ( Sec.26(2))
    • Instigation (Sec.27)
    • Financial Assistance To A Strike (Sec.28)
    • Breach Of Settlement Or Award Binding Under The Act (Sec.26)
    • Disclosing Confidential Information In Contravention Of The Provisions Of Sec.21(Sec.30)
    • Contravention Of Sec.33 – Service Conditions Remaining Unchanged During Pendency Of Proceedings (Sec.31(1))
    • Unfair Labour Practices
      • Section 25T
      • No employer or workman or a Trade Union, whether registered under the Trade Unions Act, 1926 or not, shall commit any unfair labour practice.
      • Section 25U
      • Any person who commits any unfair labour practice shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. The unfair labour practices have been listed in Schedule V
    • Penalties
      • Penalty for illegal strikes (Sec.26(1))
      • Penalty for illegal lock-outs [Section 26(2)]
      • Penalty for instigation etc. (Section 27)
      • Penalty for giving financial aid to illegal strikes and lock-outs (Section 28)
      • Penalty for breach of settlement or award (Section 29)
      • Penalty for disclosing confidential information (Section 30)
      • Penalty for closure without notice (Section 30A)
      • Penalty for other offences (Section 31)
      • Offence by companies, etc. (Section 32)
      • Where a person committing an offence under this Act is a company, or other body corporate, or an association of persons (whether incorporated or not) every director, manager, secretary, agent or other officer or person concerned with management thereof shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.
    • Matters Within The Jurisdiction Of Labour Court (Sec.7) (Second Schedule)
      • The propriety or legality of an order passed by an employer under standing orders;
      • The application and interpretation of standing orders;
      • Discharge of dismissal of workmen including reinstatement of or grant of relief to, workmen wrongfully dismissed;
      • Withdrawal of any customary concession or privilege;
      • Illegality or otherwise of a strike or lock-out; and
      • All matters other than those specified in the Third Schedule.
    • Matters Within The Jurisdiction Of Industrial Tribunals (Sec.7-A)(Third Schedule)
      • Wages, including the period and mode of payment;
      • Compensatory and other allowances;
      • Hours of work and rest intervals;
      • Leave with wages and holidays;
      • Bonus, profit sharing, provident fund and gratuity;
      • Shift working otherwise than in accordance with standing orders;
      • Classification by grades;
      • Rules of discipline;
      • Rationalisation;
      • Retrenchment of workmen and closure of establishment; and
      • Any other matter that may be prescribed.
    • The Industrial Disputes Act, 1947 Makes Provision For The Investigation And Settlement Of Industrial Disputes And For Certain Other Purposes.
    • It Ensures Progress Of Industry By Bringing About Harmony And Cordial Relationship Between The Employers And Employees.
    • The Act Was Designed To Provide A Self-Contained Code To Compel The Parties To Resort To Industrial Arbitration For The Resolution Of Existing Or Apprehended Disputes Without Prescribing Statutory Norms For Varied And Variegated Industrial Relating Norms So That The Forums Created For Resolution Of Disputes May Remain Unhampered By Any Statutory Control And Devise Rational Norms Keeping Pace With Improved Industrial Relations Reflecting And Imbibing Socio-Economic Justice.
    • It Is To Ensure Fair Wages And To Prevent Disputes So That Production Might Not Be Adversely Affected.
    • Disputes Resolution Between Employer And Employee Inter Se Regarding The Terms And Conditions Of The Employment Through Collective Bargaining, Negotiation, Mediation, Arbitration
    • Arbitration : Arbitration Is A Procedure In Which A Neutral Third Party Studies The Bargaining Situation, Listens To Both The Parties, Gathers Information And Then Makes Recommendations That Are Binding On Both The Parties.
    • Industrial Dispute [Section 2(K)]
      • Means Any dispute or difference
        • between employers and employers, or
        • between employers and workmen, or
        • between workmen and workmen,
      • Which is connected with
        • the employment or
        • non-employment or
        • the terms of employment or
        • with the conditions of labour,
      • of any person related to an industry as defined in Section 2(j)
    • Ordinarily A Dispute Or Difference Exists When Workmen Make Demand And The Same Is Rejected By The Employer. However, The Demand Should Be Such Which The Employer Is In A Position To Fulfil. The Dispute Or Difference Should Be Fairly Defined And Of Real Substance And Not A Mere Personal Quarrel Or A Grumbling Or An Agitation
  • E P F O UNDER THE EMPLOYEES PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT,1952
    •  E P F O Under TheEmployees Provident Fund & Miscellaneous Provisions Act,1952
      • Replying the Show Cause Notices of Inspector of Factories
      • Taking them further into Courts of Law from the Authorities till High Courts and Supreme Court
    • Appeals In The EPF &Misc Provisions Act,1952
      • (1) The manager or the occupier of the factory on whom an order in writing by an Inspector has been served under the provisions of this Act may, within thirty days of the service of the order, appeal against it to the prescribed authority, and such authority may, subject to rules made in this behalf by the State Government, confirm, modify or reverse the order.
      • Bhavishya Nidhi Adalat
      • First Appellate Authority
      • Appellate Tribunal
      • High Court and
      • Supreme Court
    • Default In Complying With Provisions Of Or With Conditions Prescribed Under The EPF &Misc Provisions Act,1952 Would Attract Certain Penalty And In Critical Cases Prosecutions As Well. EPF &Misc Provisions Act,1952 Provides For Following Offenses And Penalties (Sec.)
    • “Offences By Companies”
      • If any offense is committed under this Act, the scheme or the Pension Scheme or the Insurance Scheme by a Company, every person who was incharge at the time of offense committed and was responsible to the Company for the conduct n  of the business of the Company, as well as the Company, shall be deemed to be guilty of the offense and shall be liable to be proceeded against and punished accordingly.
      • If an offense under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any Director or Manager, Secretary or other officer of the company, such Director, Manager, Secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
    • Assessment Of Dues / Recovery
      • In case of Default, the dues can be assessed under Section 7A of the Act
      • Proceedings u/s. 7A is quasi  judicial process
      • In case of belated remittances, damages u/s.14B  and interest u/s.7Q  are leviable.
    • Consequences On Default
      • In case of non-payment of assessed dues, the recovery actions as per provisions u/s.8 of the Act read with 2nd / 3rd Schedule of IT Act,1961
      • Penal damages upto 25% per annum and interest at the rate of 12% payable on the defaulted amount.
      • Attachment of Bank Accounts
      • Realization of dues from Debtors
      • Attachment of movable and immovable properties
      • Arrest and detention
      • Action u/s.406/409 of Indian Penal  Code
      • Action u/s.110 Criminal Procedure Code
      • Prosecution u/s.14 of the EPF Act.
    • It Is Mandatory For An Employer To Register EPFO (Sec)
    • Attending 7A Enquiries / Inspection / Notices On Behalf Of Employers

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