Labour Officer
Chetan
(Querist) 26 January 2010
This query is : Resolved
My friend received the summons from the Govt. Labour Officer stating that the one labour which has been removed by my fried from his cloth shop had made complaint to the labour officer...
My question :-
1)whether my friend required to be present personally before him
2) What are the powers of the labour officer
Sachin Bhatia
(Expert) 26 January 2010
1) Yes your friend required to be present personally or represent through his lawyer.
2)Labour officers are the Officers, whose offices are generally located at the District, exercise the powers and perform the duties in the matter relating to administration and accounts as per the powers and duties delegated under the Service Manual, financial codes, government orders, notifications and delegation of powers.
They also exercise powers and perform such functions as defined under various labour laws for enforcement of those laws and as well as disposing off those cases, where they are notified as Authorities / Inspectors.
Ajay Bansal
(Expert) 26 January 2010
Your friend can be present himself through his lawyer.However if there are less then 20 employees in his shop,then labour officer has no jurisdiction to try this matter as then his shop does not fall in the defination of an industry and thus the matter would be dismissed.
B K Raghavendra Rao
(Expert) 26 January 2010
Cloth shop is a commercial establishment coming under the Shops & Establishments Act. Unless it is an industry as defined in the Industrial Disputes Act, Labour Officer has no jurisdiction to entertain the complaint of an employee. However, labourer removed has to approach the Labour Court and not the labour officer.
Sarjooram Sharma
(Expert) 26 January 2010
The shop your friend comes under the state Act of Shops and commercial establishment Act. Therefore the shop comes under the difinition of Industry. It does not matter how manyworkers are employed therein. Now the question is what type of case under which labour law has been filed by the employee and under what capacity the labour officer has summoned your friend (as inspector or as quasi judicial authority).
