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Rishabh Bhadra (Consultant)     30 August 2009

Appropriate Government under Labour Laws

Kindly refer to Industrial Disputes Act, Contract Labour Act, Minimum Wages Act, 1948. The definition of the appropriate govt. under these acts have the term "under the control and authority of the central govt.". Please explain this term. What are the criteria or factors for deciding that which are the establishments are under the control and authority of the central govt.



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 2 Replies

Suresh C Mishra (advocate)     02 September 2009

the definition of appropriate government is most specifically dealt in the judgement of Steel Authority of India as well as in Air Authority Case !  under the control and authority means that it has to be notified by the central Government as appropriate Government inrelation to the industrial dispute .

 

Ashish Ovalekar (Manager Legal & Compliance)     03 September 2009

Dear Rishabh,

I can give you a laymans explaination of Appropriate government.

Anything which is on Land, and is situated only in one place, the appropriate government is State Government.

(eg. a factory, a shop, a hospital, trust, which is placed in a single location)

Anything that sails over water or is situated underground, or flys in air or moves accross places or is situated at several places in different states, the appropriate government is Central Government. and would also include businesses directly related to it.

Shipping companies, Mines, Air Transport (passenger/ cargo), rail or road, or banking institutions)

I hope so this simple logic would help you in distingishing the same.

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