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TABLE-I
THE AUTHORITIES BEFORE WHOM CLAIMS MAY BE PRERERRED UNDER VARIPUS LABOUR LAWS
SlNo / Name of the Act / Nature of claims / Authority before whom to prefer the claim / Time limit to file the claim application / Time limit to disposed of the claim application / Appeal before whom to prefer
1 / 2 / 3 / 4 / 5 / 6 / 7
1 / The Minimum Wages Act, 1948 / Claim for payment of less than the minimum rates of wages / Labour Officer of the respective sub-divisions / Within 6 months from the date of nonpayment of minimum rates of wages / 6 months from the date of filling the application / High Court
2 / The Equal Remuneration Act, 1976 / Claim for non payment of wages at equal rates to men women workers for the same work of a similar nature in Form-B / Labour Officer of the respective sub-divisions / Nil / 6 months from the date of filling the application / ------
3 / The Workmen’s Compensation Act, 1923 / Claim for payment of compensation in case of death or disablement or injury to a workmen by accident arising out of or in the course of employment / Labour Officer of the respective sub-divisions notified as Commissioner for workmen compensation / Within 2 years of occurrence of accident or death / 1 year / Appeal to be made within 6 months to the High Court
Sl
No / Name of the Act / Nature of claims / Authority before whom to prefer the claim / Time limit to file the claim application / Time limit to disposed of the claim application / Appeal before whom to prefer
1 / 2 / 3 / 4 / 5 / 6 / 7
4 / The payment of Gratuity Act, 1972 / Claim of non-payment of gratuity to be preferred in Form-N / Assistant Labour Commissioner of the respective divisions. / Within 30 days of the occurrence of the cause. / 6 months from the date of filling the application / Appeal to be preferred to Deputy Labour Commissioners of the respective regions within 60 days from the date of order.
5 / The Karnataka Shops and Commercial Establishment Act, 1961 / Removal or dismissal from service / Assistant Labour Commissioner of the respective divisions / Within 90 days of the occurrence of the cause / Within 6 months from the date of filling the application
6 / The payment of Wages Act, 1936 / Claim for non payment of wages / Civil Court / Within 12 months of the occurrence of the cause / --- / Within 30 days to the district courts
7 / The Contract Labour (Regulation & Abolition) Act 1970 / Claim for non payment of equal rates of wages Holidays and other conditions of service to the contract labour who performs same and similar kind of works when compared to regular workmen / Commissioner of Labour / ------/ 3 months from the date of filling application / ------
Sl
No / Name of the Act / Nature of claims / Authority before whom to prefer the claim / Time limit to file the claim application / Time limit to disposed of the claim application / Appeal before whom to prefer
1 / 2 / 3 / 4 / 5 / 6 / 7
9 / The Interstate Migrant (Conditions of Employments) Workmen Act, 1979 / Claim for non-payment of minimum rates of wages or wages payable to the workmen for performing same and similar kind of works and disputes regarding holidays, hours of work and other conditions of service including extra wages for O.T / i) Deputy Labour Commissioners / ---- / Three months / ------
10 / The Maternity Benefit Act, 1961 / i) Claim for payment of deprived maternity benefit and medical and bonus, maternity leave
ii) dismissal/discharge during the pregnancy. / i) Assistant Director Factories and Labour Officer who is notified as inspector in case of plantations & other Establishments in Form-GHR / Within 60 days of the occurrence and cause / Three months from the date of filling of application / Director Factories and Boilers in case of factories and Assistant Labour Commissioner in case of plantations and other establishments within 30 days from the date of issue of order.
Sl
No / Name of the Act / Nature of claims / Authority before whom to prefer the claim / Time limit to file the claim application / Time limit to dispose of the claim application / Appeal before whom to prefer
1 / 2 / 3 / 4 / 5 / 6 / 7
11 / The Working Journalists & other News Paper Employees (Conditions of service) and Misc. Provisions Act, 1955 / Application in Form ‘C’ for any amount due from the employer / Commissioner of Labour / ------/ Three months from the date of filling of application / High Court
12 / The Karnataka Payment of Subsistence Allowance Act, 1988 / Claim for Payment of any money due under this Act / Upto 100 Los above 100 ALCs / Within 1 year from the date of occurrence of the cause. / ---- / ------
13 / Building and Other Construction W orkers (Regulation of Employment and Conditions of Service) Act, 1996 / Social security claims where in financial assistance shall be given to the beneficiaries towards education, marriage, death/accident/disability, housing loan, pension, disability pension etc. / Before Chief Executive Officer of the Board / - / - / -
TABLE-II
SERIVCE / RENDERED BY THE VARIOUS AUTHORITIES OF THE DEPARTMENT OF LABOUR (UNDER VARIOUS LABOUR LAWS )
SlNo / Name of the Act / Nature of Service/relief rendered / Before whom application to be filled / Relief / Service provided
1 / Beedi and Cigar Workers (Conditions of Employment Act, 1966) / i)Initiation of proceedings in respect of the appeal filed regarding dismissal or discharge or retrenchment of an employee
ii)Disputes relating to issue of raw materials by the employers
iii)Appeals by the aggrieved parties / Deputy Labour Commissioner of respective regions
Labour Inspectors /Senior Labour Inspectors/ Labour Officers of the area
Assistant Labour Commissioner of the area / Order compensation without reinstatement or reinstatement with or without back wages
Resolution of disputes
Disposal of the appeal filed
2 / The Contract Labour (Regulation and Abolition) Act, 1970 / To decided in case of any disagreement between the workmen and contractor / Principal Employer as to whether type of work performed by the contract labour is same and similar compared to the regular workmen / Commissioner of Labour / Commissioner of Labour is empowered to decided whose decision is final.
3 / Industrial Dispute Act, 1947 / i) Conciliation in respect of industrial disputes, such as charter of demands, dismissal, retrenchment and other conditions of service / Establishments employing
a) upto 99 workers – LOs
b) 100 to 300 – ALCs
c) Above 300- DLCs / Settlement through conciliation, if not settled refer to adjudication through Government
ii) Permission to Lay-off or retrenchment of workmen in establishments employing 100 and above / Commissioner of Labour / Granting permission or otherwise on merits of each case.
iii) Closure of industrial establishments employing 100 and above / Government of Karnataka / Granting permission or otherwise on merits of each case.
Sl
No / Name of the Act / Nature of Service/relief rendered / Before whom application to be filled / Relief / Service provided
iv)Declaration of protected workmen / Respective jurisdictional
conciliation officers.Establishment employing upto 99 workers- LOs
100 to 300 workers - ALCs
Above 300 workers - DLCs / -“-
v) Recovery of money due under Chapter-V-A or V-B or any money due under any settlement or an award of the Labour Courts/ Industrial Tribunals / (a)Deputy Labour Commissioners
(b) Commissioner of Labour / (a) issue of recovery certificate in respect of monetary benefits
(b) Granting permission for prosecution for non-implementation including issue of recovery certification in respect of monetary benefits.
4 / Industrial Employment (Standing Orders) Act, 1946 / i) Certification of Standing Orders / Deputy Labour Commissioners of respective regions / Standing Orders are being certified
ii) Violation of certified standing orders / Commissioner of Labour / Sanction to launch prosecution
5 / Industrial Establishments (National and Festival Holidays) Act, 1963 / Dispute in case of difference of opinion to declare festival holidays in a year / Labour Officers of the respective sub-division
6 / The Maternity Benefit Act, 1961 / Non-payment maternity benefits or any other amount withheld including dismissal/discharge from service / Labour Officers to Labour Commissioner / Pass the order depending upon the circumstances of the case.
Sl
No / Name of the Act / Nature of Service/relief rendered / Before whom application to be filled / Relief / Service provided
7 / The Payment of Bonus Act, 1965 / Non-payment of bonus agreed under a settlement of an award / a) Deputy Labour Commissioners of the respective area
b)Commissioner of Labour / a) Application to be filed before the DLCs for recovery of the amount
b) Application to be filed before the Commissioner of Labour for permission to launch prosecution
8 / The Payment of Gratuity Act, 1972 / Asst Labour Commissioner / Issue recovery certificate to recover it as an arrears of Land Revenue.
9 / The Payment of Wages Act, 1936 / Non-payment of earned wages by the employer. / Labour Officers
10 / The Plantation Labour Act, 1951 / Non-payment of compensation in case of death or injury caused by collapse of houses provided to them / Commissioner of Labour / Commissioner of Labour is empowered to determine the amount of compensation
TABLE-III
REGISTRATION OF ESTABLISHMENTS, GRANT OF LICENCES AND RENEWAL (UNDER VARIOUS LABOUR LAWS)
SlNo / Name of the Act / Applicability of the Act / Registering /Renewing Authority / Time limit to Register / Period of validity or Registered certificates/licences / Due date for renewal / Time within which registration/ licences to be disposed off / Appeal in case of refusal to grant registration/ licences
1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9
1 / The Karnataka Shops and Commercial Establishment Act, 1961 / Applies to the establishments with or without employees / i) Senior Labour Inspector in corporation areas
ii) Labour Inspector in other areas / Within 30 days from the date of commencement of the establishment / 5 years (Registering /Renewal certificate expires a the end of 5th calendar year) / Form-AA to be submitted before 90 days of expiry of registration certificate / 30 days / ----
2 / The Contract Labour (Regulation and Abolition) Act, 1970 / i) Principal employer more than 20 or more workmen / Asst Labour Commissioner of the respective divisions / Before starting the work / Registration certificate is required to be amend in case of deletion or addition of contractors within 30 days / --- / Within 7 days / Dy. Labour Commissioner
ii) Contractor employing more than 20 or more workmen / Asst Labour Commissioner of the respective divisions / Before starting the work / 1 year from the date of issue of licence/renewal / Within 7 days / Apply in Form-VII for renewal before expiry of 30 days / Dy. Labour Commissioner
Sl
No / Name of the Act / Applicability of the Act / Registering /Renewing Authority / Time limit to Register / Period of validity or Registered certificates/licences / Due date for renewal / Time within which registration/ licences to be disposed off / Appeal in case of refusal to grant registration/ licences
3 / The Plantation Labour Act, 1951 / Coffee, Rubber, Tea and any other plantation measuring 5 hectares or more and in which 15 or more persons are employed / Labour Officer / Within 60 days from the existence or such plantation in Form-XIV / Life Time / -- / 30 days / Asst Labour Commissioner
4 / The Motor Transport Workers Act, 1961 / Motor Transport undertaking one and above workers / Asst Labour Commissioner / Apply in form-1 30 days before the operation of the undertaking / Valid up to 31st December of the calendar year / Form-1 to be subm-itted for renewal not less than 60 days before the date of expiry of registration / 30 days / -----
5 / Beedi and Cigar Workers (Conditions of Employment Act, 1966) / To all industrial premises used for manufacture of Beedi or Cigar / Asst Labour Commissioner / Before the commencement of manufacture of Beedi or Cigar / 1 year (Licence expires at the end of Financial year) / To apply in Form-1 3o days before the expiry of Licence / 30 days / Dy. Labour Commissioner
Sl
No / Name of the Act / Applicability of the Act / Registering /Renewing Authority / Time limit to Register / Period of validity or Registered certificates/licences / Due date for renewal / Time within which registration/ licences to be disposed off / Appeal in case of refusal to grant registration/ licences
6 / The Interstate Migrant (Conditions of Employments) Workmen Act, 1979 / To every establishment employing 5 or more Interstate Migrant Workmen / Asst Labour Commissioner / Before the commencement the work registration shall be obtained by the principal employer / Registration certificate required to be amended in case of deletion or addition of contractors within 30 days / NIL / Within 15 days / Dy. Labour Commissioner
Asst Labour Commissioner / i) Contractor shall obtain licence from the State where migrant workmen are recruited / NIL / --- / --- / Dy. Labour Commissioner
To every contractor who employs 5 or more Migrant Workmen / ii) Contractor shall obtain licence from the State i.e. Asst Labour Commissioner of the respective division in Karnataka where recruited Migrant Workmen are engaged / One year from the date of issue of licence / Before 30 days of the expiry of licence / Within 30 days / Dy. Labour Commissioner
Sl
No / Name of the Act / Applicability of the Act / Registering /Renewing Authority / Time limit to Register / Period of validity or Registered certificates/licences / Due date for renewal / Time within which registration/ licences to be disposed off / Appeal in case of refusal to grant registration/ licences
7 / The Trade Union Act, 1926 / Applies to all industrial establishments or other establishments may apply for registration or Trade Union with at least 10% or 100 of the workmen whichever is less and in any other case minimum of 7 persons / Asst Labour Commissioner are notified as Deputy Registrars for registration of Trade unions / ------/ Life time / ------/ 30 days / High Court or Principal Civil Court
8 / Building and Other Construction
Workers (Regulation of Employment and Conditions of Service) Act, 1996 / To the employers/
contractors of the building establishment / All the Labour Officers of the Labour Dept. / Within 60 days / Till the establishment exists / - / - / All the Asst. Labour Commissioner of the Labour Dept.
Sl
No / Name of the Act / Applicability of the Act / Registering /Renewing Authority / Time limit to Register / Period of validity or Registered certificates/licences / Due date for renewal / Time within which registration/ licences to be disposed off / Appeal in case of refusal to grant registration/ licences
Construction workers / All the Senior Labour Inspectors & Labour Inspectors of the Labour Dept. / - / Till 60 years / - / - / -
TABLE-IV
MAINTENANCE OF REGISTERS, FILING OF RETURES, INSPECTORS NOTIFIED FOR INSEPCTIOS AND AUTHORITY TO GRANT PERMISSION AND TIME LIMIT FOR PROSECUION (UNDER VARIOUS LABOUR LAWS)
SlNo / Name of the Act / Registers and Records to be maintained by the employer / Authority to grant exemption / Authority to inspect and to prosecute if violations are noticed / The date and the Authority before whom the Annual returns to be filed / Notices/Forms to be displayed in the premises / Authority to grant permission for prosecution and time limitation to file prosecution
1 / 2 / 3 / 4 / 5 / 6 / 7 / 8
1 / The Karnataka Shops and Commercial Establishment Act, 1961 & Rules 1963 / a) Register of leave with wages in Form-F
b) Leave with wages books in Form-H to be given to the employee / Dy. Labour Commissioner empowered to grant exemption to open the establishment without a weekly holiday / Labour Inspector/ Senior Labour Inspector / Nil / Certificate of Registration in Form-C
Notice of Holiday in Form-P / Asst Labour Commissioner of respective divisions
Compliant has to be filed within 6 months from the date of alleged offence
2 / Industrial Establishments (National and Festival Holidays) Act, 1963 / NIL / State Government may exempt establishments from the purview of the Act / Labour Officer / NIL / Statement of National and Festival Holidays before 31st December of every year / Labour Officer who is notified as Inspector under the Act is empowered to file prosecution
Sl
No / Name of the Act / Registers and Records to be maintained by the employer / Authority to grant exemption / Authority to inspect and to prosecute if violations are noticed / The date and the Authority before whom the Annual returns to be filed / Notices/Forms to be displayed in the premises / Authority to grant permission for prosecution and time limitation to file prosecution
3 / The Karnataka Labour Welfare Fund Act, 1965 with Rules 1968 / a) Register of wages in Form-A
b) Consolidated unclaimed/fines register in Form-B / State Government may exempt establishments from the purview of the Act / Labour Inspector to Deputy Labour Commissioner / Form-D to be sent to the Welfare Commissioner by the employer regarding the employers and employees contribution by 15th of January every year / NIL / Welfare Commissioner
4 / The Interstate Migrant (Conditions of Employments) Workmen Act, 1979 Karnataka Rules 1981 / MW Act 1948 and CL (R&A) Act, 1970, the contractor to maintain the following a) Muster Roll Register in Form-XVII ad a Register of wages in Form-XVII, b) Register of deduction in Form-XIX, Register of fines in Form-XX, Register of advance in Form-XXI
c) Register of over-time in Form XXII if establishment are covered under PW Act, MW Act, and CL(R&A) Act, 1970 the following Registers to be maintained
a) Muster Roll
b) Register of wages, deduction, fines, Overtime and advances / State Government may exempt establishments from the purview of the Act / Labour Officer,
Assistant Labour Commissioner,
Deputy Labour Commissioner, Labour Commissioner / Annual Returns in form XXIV by the principal Employer. By 15the February every year to the Registering Officer
Half yearly returns in Form-XXIII to be sent to the licencing officer within 30 days from the close of Half Year by the contractor / Abstract of the Act and the Rules in English and Hindi and in the Language spoken by majority of the Migrant Workmen
Notices regarding the rates of wages, hours of work, wage period, dates of payment of wages, names and address of the Inspectors, in English and in the language spoken by the majority of the migrant workmen / The Officers notified as Inspectors who are shown in col.No.5 are empowered to file prosecution.
Compliant has to be filed within 3 months from the date of alleged offence and in case of disobedience or written order within 6 months.
5 / The Labour Laws (E.F.F.R & M.R. by C.E) Act, 1988 / a) Register of wags in Form-B
b) Muster Roll in Form-C showing welfare amenities in Form-D by small establishment.
a) Monthly register of Muster Roll cum wages in Form-E by very small establishments. / Registers in Form-B, C and D by the small establishments and Registers in Form-D and E by very small establishments and filling of a core return in Form-A, these establishments get exemption from maintaining and furnishing registers and returns under 9 Acts namely, The PW Act, 1936, The EC Act, 1923, The MW Act, 1948, The FA Act, 1948, the PL Act, 1981, the WJ and O.N.E. (C of S) and MP Act, 1955, The CL(R&A)Act, 1970, The S.P.E.(C of S) Act, 1976, and The E.R. Act, 1976 / Labour Inspector, Senior Labour Inspector, and Asst. Director of Factories / Inspector / ---- / Inspectors notified as shown in Col.No.5 are empowered to file prosecution
6 / The Maternity Benefit Act, 1961 / Muster Roll in Form-A / Government in empowered to exempt any establishment from the purview of the Act if benefits are not less favorable / In case of factories Asst. Director of Factories and Boilers in case of other establishments Labour Officer, Asst. Labour Commissioner, Dy. Labour Commissioner / Combined Annual Returns in Form-20 of the Karnataka Factories Rules to the respective inspectors on or before 1st February of every year / Abstract of the Act and Rules / Aggrieved women, office bearer of the Trade Union or a voluntary organization or an inspector are empowered to file prosecution within one year from the date of committing offence.