Quarry regarding remarks of factory inspector
Rizwan Pathan
(Querist) 14 October 2011
This query is : Resolved
Dear Experts,
One of Factory inspector form our area was come foe visit at our plant and found that the I Cards of contract worker is not there and some contract workers are working our premises without there name on contractor muster. By inspecting this Factory inspector told that he take legal action against us for this violation of law and file criminal case too the same he mention in his visit remark book too.
Please give me your opinion to cope up with this situation.
Here i clear one thing all the workers who caught by Inspector are working under contractor no one is on company payroll.
Regards,
Rizwan Pathan
Sankaranarayanan
(Expert) 14 October 2011
Then you have to pay the penalty and fine, imminently ask your contractor to maintain the payroll for the same.
Ask your contractor to pay full penalty and fine fee .
If they are not the regular labourer then get car insurance for them
Chanchal Nag Chowdhury
(Expert) 14 October 2011
It depends on the T & C of the contract. The factory is vicariously liable for the misdeeds of the contractor. U may claim compensation from the contractor for any penalty that U may have to pay on his A/c.
Guest
(Expert) 14 October 2011
Any worker working in your plant must have identity proof, may be issued by the company or its contractor. Even when a contract worker starts working some temporary Identity Cards for some particular period of work or daily passes should have been issued for them by your company, without which they should not have been allowed any enty in to plant by the gateman of the plant.
Also, no contract worker, whose name does not appear in the contractor's muster roll should also not be allowed to work in the plant. It is the duty of the Principal Employer to see that the labour contractor complies with the labour laws or not.
For any such infringement, may be on the part of the contrator, only the company is accountable.
So, you can start the right process right from now, so that your company should not be made liable for continuous infringement of law. After adopting the right course of process, you can write to the inspector in compliance to the remarks of visit book also that you have started complying with the process.
Rizwan Pathan
(Querist) 14 October 2011
Dear Sir,
Thanks for reply , As per remarks of inspector we had comply the same in written to Factory inspector but but he told that we are being late in reply as after remarks from him we have to comply within 45 days and we had reserve more time then the said one (Approx more then 2 months).
Further he told that per I CARD We are penalized 5000 Rs/-please help me out whether its true or not.
Thanks & regards,
Rizwan Pathan
Sri Vijayan.A
(Expert) 16 October 2011
Ask ur contractor to pay the penalty
OR
Pay it first and collect it from ur contractor later
Guest
(Expert) 24 November 2011
Ask the Inspector to communicate in writing what penalty your company or the contractor is liable to pay with reason for that.
