CLAIMS/COMPLAINTS

 

 

NON- PAYMENT OF WAGES
A COMPLAINT ABOUT NON-PAYMENT OF WAGES, OR DELAY IN PAYMENT OF WAGES MAY BE SUBMITTED IN THE PRESCRIBED FORM. (See format)
ON RECEIVING THE COMPLAINT A LETTER SHALL BE ISSUED TO BOTH THE PARTIES TO APPEAR BEFORE THE  INSPECTOR ON A SPECIFIED DATE AND TIME TO SETTLE THE MATTER
BOTH THE PARTIES SHALL BE HEARD IN AN UNBIASED MANNER.
IN NORMAL COURSE EFFORTS SHALL BE TAKEN TO PROVIDE RELIEF WITHIN 2 OR 3 WEEKS.
 

 

 

 

 

PAYMENT OF WAGES LESS THAN THE MINIMUM RATES OF WAGES
HOW TO APPLY-
ØIF  THE CLAIM IS MADE BY AN EMPLOYEE SUBMIT APPLICATION IN DUPLICATE IN FORM VI
ØIF THE CLAIM IS MADE BY A GROUP OF EMPLOYEES SUBMIT APPLICATION IN DUPLICATE IN FROM VII
IF THE APPLICATION IS MADE BY AN INSPECTOR OR ANY PERSON ACTING WITH THE PERMISSION OF THE AUTHORITY APPLICATION SHALL BE MADE IN DUPLICATE IN FORM VIII   (PLEASE SEE- FORM VI, VII AND VIII)

ANY PERSON ACTING ON BEHALF OF    EMPLOYEE WHETHER A LEGAL PRACTITIONER OR AN OFFICIAL OF A REGISTERED TRADE UNION SHOULD SUBMIT AN AUTHORISATION IN FORM IX TO THE AUTHORITY (SEE FORM IX)

NOTICE TO THE EMPLOYER SHALL BE SERVED IN FORM X BY REGISTERED POST

IF THE EMPLOYER OR HIS REPRESENTATIVE FAILS TO APPEAR ON THE SPECIFIED DATE THE  APPLICATION SHALL BE HEARD AND DETERMINED EXPARTE  BY THE AUTHORITY
IF THE APPLICANT OR HIS REPRESENTATIVE FAILS TO APPEAR ON THE SPECIFIED DATE THE APPLICATION MAY BE DISMISSED.
COURT FEE:- EVERY APPLICATION EXCEPT APPLICATIONS MADE BY AN INSPECTOR  OR PERSONS EMPLOYED IN AGRICULTURE SHALL BEAR COURT FEE OF RS 1
EVERY APPLICATION MADE BY OR ON BEHALF OF A GROUP OF EMPLOYEES THE PRESCRIBED COURT FEE SHALL BE RS 1/- PER  PERSON SUBJECT TO A MAXIMUM OF RS 20/-
RELIEF SOUGHT FOR MAY BE GRANTED WITHIN A WORK IN NORMAL COURSE.
PLEASE SEE-

 

 

 

 

PAYMENT OF WAGES TO FEMALE WORKERS LESS THAN OF MALE WORKERS

 

APPLICATION IN FORMS IN TRIPLICATE IS TO BE SUBMITTED TO THE AUTHORITY COMPLAINING ABOUT THE LESS PAYMENT OF WAGES TO FEMALE WORKERS THAN THE MALE WORKERS DOING SAME AND SIMILAR WORK
A SINGLE APPLICATION MAY BE MADE ON BEHALF  OF A GROUP OF WORKERS IF , THEY ARE EMPLOYED IN THE SAME ESTABLISHMENT AND THEIR CLAIMS ARE OF SAME NATURE
A CLAIM CAN BE MADE-
    BY THE WORKER HIMSELF / HERSELF
    BY ANY LEGAL PRACTITIONER AUTHORISED IN WRITING BY THE WORKER
    BY ANY OFFICIAL OF A REGISTERED TRADE UNION AUTHORISED IN WRITING BY THE WORKER
    BY ANY INSPECTOR OR ANY PERSON ACTING WITH PERMISSION OF THE AUTHORITY
AUTHORISATION  SHALL BE IN FORM ‘C’ AND PRESENTED TO THE AUTHORITY TO WHOM CLAIM IS MADE (SEE FORM-C)
WE ASSURE YOU TO GRANT RELIEF WITHIN 15 DAYS IN NORMAL  COURSE
(PLEASE SEE)
 FORM B
 

 

 

 

NON PAYMENT OF GRATUITY

 

APPLICATION IN FORM- N IS TO BE SUBMITTED TO CONTROLLING AUTHORITY (A.L.C) WITHIN 90 DAYS FROM THE DATE OF REFUSAL BY THE EMPLOYER (See Form N)
ON RECEIVING THE  APPLICATION A NOTICE IN FORM SHALL BE ISSUED TO BOTH THE PARTIES TO APPEAR BEFORE THE CONTROLLING AUTHORITY ON A SPECIFIED DATE AND  TIME FOR HEARING THE CASE.
ANY PERSON ACTING ON BEHALF OF EITHER EMPLOYER OR APPLICANT TO THE CONTROLLING AUTHORITY SEEKING PERMISSION SO TO ACT.
A DIRECTION TO THE EMPLOYER FOR PAYMENT OF GRATUITY SHALL BE IN FORM R (SEE FORM R)
(PLEASE SEE)-

 

 

 

NON PAYMENT OF COMPENSATION

APPLICATION MAY BE SUBMITTED IN FORM IX IN DUPLICATE TO THE COMMISSIONER (LABOUR COMMISSIONER) OR TO ANY OF HIS SUBORDINATES AUTHORISED BY HIM IN HIS BEHALF, (SEE FORM IX )
EVERY APPLICATION SHALL BE ACCOMPANIED BY A CERTIFICATE SIGNED BY THE APPLICANT TO THE EFFECT THAT THE STATEMENT OF FACTS IN THE APPLICATION IS TRUE TO THE BEST OF HIS KNOWLEDGE AND  BELIEF.
IF THE RELIEF SOUGHT FOR IN THE APPLICATION IS BASED UPON A DOCUMENT SUBMIT THE DOCUMENT ALONG WITH THE APPLICATION.
EVERY OTHER DOCUMENT SHOULD BE PRODUCED AT OR BEFORE THE FIRST HEARING
ON SUBMITTING THE APPLICATION THE APPLICANT SHALL BE EXAMINED ON OATH BY THE COMMISSIONER
THE APPLICATION SHALL BE EXAMINED BY THE COMMISSIONER AND IF HE FINDS THAT THERE IS NO SUFFICIENT GROUNDS FOR PROCEEDING WITH THE CASE  HE MAY DISMISS THE CASE
IF THE COMMISSIONER IS SATISFIED THAT THERE IS A CASE HE SHALL SEND NOTICE TO THE OPPOSITE PARTY  SPECIFYING THE DATE ON WHICH HE HAS TO APPEAR.
THE OPPOSITE PARTIES CONTESTING THE CLAIM MAY  FILE WRITTEN STATEMENT IN RESPECT OF THE CLAIM
ORDERS SHALL BE PASSED BY THE COMMISSIONER AFTER HEARING BOTH THE PARTIES AND THEIR EVIDENCES
(PLEASE SEE

 

 

 

NON- PAYMENT OF BONUS

AN APPLICATION IS TO BE SUBMITTED TO THE AUTHORITY FOR PAYMENT OF BONUS.
IF THE APPLICATION IS MADE BY ANY OTHER PERSON ACTING ON BEHALF OF THE EMPLOYER   AN AUTHORISATION IN WRITING  IS TO BE SUBMITTED.
IN CASE OF DEATH OF THE EMPLOYEE HIS ASSIGNEES OR HEIRS MAY MAKE AN APPLICATION.
THE APPLICATION SHOULD BE MADE WITHIN ONE YEAR FROM THE DATE WHEN  MONEY HAS BECOME DUE.
IF ANY MONEY IS DUE THE AUTHORITY SHALL ISSUE A CERTIFICATE FOR THAT AMOUNT TO THE COLLECTOR
THE COLLECTOR SHALL RECOVER SUCH AMOUNT AS AN ARREAR OF LAND REVENUE.

 

 

 

ANY COMPLAINT UNDER THE MATERNITY BENEFIT ACT
FOR ANY COMPLAINT ARISING OUT OF NON PAYMENT OF MATERNITY BENEFIT, MEDICAL BONUS, LEAVE WAGES
A COMPLAINT IN FORM ‘H’ IS TO BE SUBMITTED TO THE INSPECTOR (SEE FORM-H)
IF THE COMPLAINT IS MADE BY A NOMINEE OR A LEGAL PRACTITIONER APPLICATION IS TO BE SUBMITTED IN FORM ‘I’ TO THE INSPECTOR.
AFTER HEARING ALL THE PARTIES THE INSPECTOR MAY DIRECT THE EMPLOYER TO MAKE PAYMENT TO THE WOMAN OR TO THE NOMINEE  IF HE IS FOUND ENTITLED
ANY APPEAL   AGAINST THE DECISION OF THE INSPECTOR SHALL BE MADE TO THE LABOUR COMMISSIONER IN FORM ‘J’ (SEE FORM ’J’)
 PLEASE SEE-
 

 

 

 

PAYMENT OF MATERNITY AND OTHER BENEFIT
ANY WOMAN OR PERSON NOMINATED BY HER  ENTITLED TO MATERNITY BENEFIT SHALL GIVE NOTICE TO THE EMPLOYER IN FORM ‘E’ FOR THE PAYMENT OF MATERNITY BENEFIT (SEE FORM ‘E’)
THE EMPLOYER SHALL MAKE PAYMENT OF M.B TO THE WOMAN OR TO HER NOMINEE OR LEGAL REPRESENTATIVE AND SHALL OBTAIN A RECEIPT OF SUCH PAYMENT IN FORM F
IF ANY DOUBT ARISES REGARDING THE PAYMENT OF M.B AFTER THE DEATH OF THE WOMAN, THE EMPLOYER SHALL WITHIN 2 MONTHS FROM THE DATE OF DEATH DEPOSIT THE AMOUNT WITH THE (COMPETENT AUTHORITY) LABOUR COMMISSIONER WHO SHALL AFTER DUE INQUIRY PAY IT TO THE PERSON ENTITLED AND A RECEIPT OF SUCH PAYMENT SHALL BE GIVEN TO THE EMPLOYER
THE EMPLOYER SHALL PAY MEDICAL BONUS ALONG WITH THE SECOND INSTALLMENT OF M.B.
LEAVE WITH WAGES FOR MISCARRIAGE SHALL BE PAID BY THE EMPLOYER ON PRODUCTION OF CERTIFICATE IN FORM ‘B’ OR ‘D’ BY THE WOMAN.
PLEASE SEE-