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Rohit (Legal)     09 August 2012

Threat to file challan

Dear Friends/Seniors,
I need advise on urgent basis!
a case is pending before labour inspector delhi wherein we (company) is being asked to pay the unpaid wages of the workers. Today i produced all the documents which shows nothing pending from us. Now the labour inspector is threatening to file a challan against us.
I am dealing with labour cases for the first time, so need to know the nature of challans as to the opportunity to be given to us, in shot pros and cons. i do not feel like giving in to the pressure of labour inspector but without knowledge it would be difficult to surge ahead. also i would like to point out that a similar case of unpaid wages is pending against us wherein i know if i loose, an award would be passed against me but not challan, so what is the basic diffference between the two in an almost identical case. and it would be great if anyone expert can share his/her number
please advise and help
thanks in advance
rohit, ur friend


Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     09 August 2012

Mr.Rohit,

POWERS AND FUNCTIONS OF INSPECTORS;- Section 14 (4)  Any inspector may (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act or rules made thereunder are being observed; (b seize or take copies of such registers or documents or portions thereof as he may consider relevant in respoect of an offence under the payment of wages act, 1936 which he has reason to believe has been committed by an employer. Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself. 

Sudhir Kumar, Advocate (Advocate)     20 August 2012

He can refer the case to adjudication.


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