Minimuw wages Act and its compliance
Suresh C Mishra
(Querist) 30 September 2009
This query is : Resolved
All the friends are invited to comment on the issue of compliance of the Minimum Wages ACt in State of UP.
1- who is the appropriate authotity to hear the cases arises out of section 12 and 13 and 14 of the act?
2- The notification of SG OF UP in this respects does not say that the case of S 12 are covered by this G O. /
3.Whether the Assistant Labour Commisisoner are Competent Authority or Not to hear the case.
4. if not then how compliance of provisions of the ACt is possible ?
PL participate in this debate with all the material < Notification , or with the cited judgements where this matter is taken up and facts of jurisdiction as competent authority has bee dealt with . thank in advance
Raj Kumar Makkad
(Expert) 01 October 2009
1. Commissioner Minimum Wages Act i.e. Labour-cum-Conciliation Officer;
2. Agreed as per notification.
3. only an appeal and not directly.
4. Authority passing award has been vested powers to get the same executed as per provisions contained in the Act.
There are numerous authorities available on this subject.
Guest
(Expert) 01 October 2009
The best solution is to visit the nearest labour office and find out the answers. because, even though M.W. Act is a central Act, the States have got the power to amend the same according to their needs. Generally different states follow different patterns.
1. The competent authority in some States is Deputy Labour Commissioner and in some states it is Assistant Labour Commissioner. In some States one or two labour courts are empowered to try the cases under minimum wages Act. Hence, my suggestion to you is to approach the nearest labour office to find out the competent authority under MW Act.
2. The order passed under this Act can be recovered under Section 33 (c)(1) of the Industrial Disputes Act.
