appointment of authority under the Minimum wages Act
Suresh C Mishra
(Querist) 11 September 2010
This query is : Resolved
who will be the authority under the minimum wages Act ? whether the Assistant labour Commissioner who is not workmen compensation commissioner at present by the amendement in this act can continue as authority under the Minimumw Wages Act. and what will be the position when the authority is continuing as authority under the Payment of wages act ? a serious jurisdictional matter , Please reply this question along with referecne and advise whether the authority woking at present can continue or not and what will be the fate of orders passed by them ?
P.ESAKKIMUTHU
(Expert) 11 September 2010
the authority under MW Act varies from state to state.In tamilnadu the Deputy Commissioner of Labour is the authority under MW Act who is also the authority under Payment of Wages Act and WC Act. For central sphere the Regional.Labour Commissioner(C) is the authority under MW Act who is also authority under PW Act. Even if the same person is authoririties under different acts,it is not conflicting one as each act is operating in different field.Orders once passed by the authority is final and will stands hold goodevenif subsequently the authority was changes
V.V.RAMDAS
(Expert) 12 September 2010
Dear Mishra Jee,
It varies from state to state. In Orissa Addl. Dist. Magistreates( Addl.Collectors) and Sub-Dvisional judicial Magistrates are the auhorities under Both the M.W Act and P.W Act.
s.subramanian
(Expert) 13 September 2010
I agree with the above experts.
GIRISH SULE
(Expert) 13 September 2010
If the Labour commisioner is not responding . Then the labour court will be the competent authority under the Act for redressing the claims .
Suresh C Mishra
(Querist) 14 September 2010
sir I thank all my brother for reply but my question relates to the state of Uttar Pradesh,section 20 (1) Provides that the appropriate government can appoint the Authority under Minimuw Wg Act to a workmen compensation commissioner( this a qualification ) Now after the amendment in the WC ACT dated 18.1.2010 which added cirtain qualification for the person to be appointed and now at present the Assistant Labour Commissioners in UP who have not such qualifiction as provided there either they cease to be authority under MW Act Or PW ACt or not? in short it can be said that they have not possessing the qualificatin for workmen compensation commissioner how can they continue as authority under MW Act ?
