FREQUENTLY ASKED QUESTIONS

                                                                                                                                                                                                                     

                                                                                                                                                                                                                                                                                      

1. Q.    How to determine the question of jurisdiction between the State Government and the Central Government?
Ans.     The jurisdiction between the State Government and the Central Government in relation to a given establishment is determined with reference to the enactment under which the question of jurisdiction is being considered. The definition of appropriate Government provided in each enactment decides the jurisdiction between the State Government and the Central Government under that enactment.  Thus for a given establishment the State Government may have jurisdiction under an enactment while for the same establishment the Central Government may have jurisdiction under another enactment.

2. Q.    How to determine the legitimate rates of wages payable to a daily rated employee?
Ans.     The legitimate rate of wages payable to a daily rated employee may be determined on the following principle: 
            1.           When the nature of work entrusted to the employee is covered under a Scheduled Employment for which minimum rates of wages have been fixed by the 'appropriate Govt.' under the Minimum Wages Act, 1948, the employee is entitled to the minimum rates of wages so fixed for his category of work. 
            2.            Where the work done by an  employee is not     covered under the Scheduled Employment for which minimum     rates of wages have been fixed by the 'appropriate Govt.' under     the Minimum Wages Act, 1948, the employee may be paid at the     rates fixed for his category of work under an agreement,     settlement or award or as per the rates of wages fixed by the     District Administration for non-Scheduled Employment.  

3.Q.     What are the current rates of minimum wages fixed by the Central Government? 
Ans.    The current rates of minimum wages fixed by the Central     Government for various Scheduled Employments     under the Minimum Wages Act, 1948 are as shown in the     the Annexure .

4.Q.     What should an employee do if he is not paid at correct rate     of wages?  
Ans.     (a)            If the rate of wages payable have been fixed under     the Minimum Wages Act, 1948,           an employee as defined under Sec. 2(i) of the Minimum Wages     Act, 1948 may file an application for all claims arising out of     payment of less than minimum rates of wages or in respect of     payment of remuneration for the days of rest or for work done     on such days under Clause (b) or Clause (c) of sub-Sec. (1) of     Sec. 13 or of wages at the overtime rate under Sec. 14 before     the Authority under Section 20(1) of the Minimum Wages Act,     1948.  The employee may file such an application either himself     or through any legal practitioner, or any official of a registered     trade union authorized in writing to act on his behalf, or any     Inspector, or any person acting with the permission of said     Authority.           
                       The Regional Labour Commissioner (Central) is the Authority appointed for the Central Sphere. 
            (b)            If the rate of wages payable have been fixed under     an agreement, settlement or an award, and the total wages      payable to the 'employed person' as defined under Sec. 2(ia) of     the Payment of wages act, 1936 for the wage period in question     do not exceed the Minimum Wages Act, 1948 and the total     wages payable to the employee for the wage period in question     do not exceed Rs. 10,000/- per month, the employed person     may file an application for a claim arising out of illegal     deductions from the wages or delay in payment of wages,     including all matters incidental to such claim, before the     Authority under Sec. 15(1) of the Payment of Wages Act, 1936.      Such an application may be presented by the employed     person either by himself or through any legal practitioner, or     any official of a registered trade union authorized in writing to     act on his behalf, or any Inspector, or any person acting with     the permission of said Authority.           
                        The Regional Labour Commissioner (Central) is also appointed as an Authority under Payment of Wages act, 1936 in respect of mines, oilfields, railways and air transport services.
            (c)            Where any money is due to a workman from an employer under a settlement or an award or under the provisions of Chapter VA or VB of Industrial Disputes Act, 1947, and it is computable, the workman himself or any other person authorized by him in writing in this behalf, or in the case of the death of the workman, his assignee or heirs may make an application to the appropriate government for the recovery of the money due to him.
                        In Central Sphere, such application may be made to the Regional Labour Commissioner (Central). 
            (d)            Where the amount due under an award or     settlement is either not computable or disputed, a 'workman' as     defined under Sec. 2(s) of the Industrial Disputes Act, 1947     may also make an application to the Labour Court in the     prescribed manner.  

5.Q.     Who can file a claim application before the Authority under Section 20 of Minimum Wages Act, 1948, in case of payment of less than minimum rates of wages or non-payment of wages for working overtime or on rest day? 
Ans.     The 'employee' as defined under Sec. 2(i) of the Minimum     Wages Act, 1948 may file such an application either himself or     through any legal practitioner, or any official of a registered     trade union authorized in writing to act on his behalf, or any     Inspector, or any person acting with the permission of said     Authority.    

6.Q.     Who can file an application before the Authority under Section 15 of the PW Act, 1936? 
Ans.    The 'employed person' as defined under Sec. 2(ia) of the     Payment of wages act, 1936 may file such an application either     by himself or through any legal practitioner, or any official of a     registered trade union authorized in writing to act on his     behalf, or any Inspector, or any person acting with the     permission of said Authority.    

7.Q.     Is an employee covered under the Minimum Wages Act, 1948 entitled to wages for the overtime work? 
Ans.     If any employee whose minimum rates of wages have been fixed under the Minimum Wages Act, 1948 works on any day in excess of the number of hours constituting a normal working day or works for more than 48 hours a week, he shall be entitled for every hour or for part of an hour so worked in excess at the double the rate fixed under the Minimum Wages Act, 1948.  

8.Q.     Is an employee covered under the MW Act, 1948 entitled to wages for the weekly day of rest? 
Ans.     As per Rule 23 of the Minimum Wages (Central) Rules, 1950,     an employee is entitled to a day of rest every week which shall     ordinarily be Sunday, but the employer may fix any other day of     the week as the rest day for any employee or class of     employees. However, since the minimum wages fixed by the     Central Government under the Minimum Wages Act, 1948     include the element of wages for the weekly day of rest, the     employee need not be paid separately for such weekly day of     rest.

9.Q.     How can an employee approach the Labour Deptt. for relief ? 
Ans.     An employee can approach the Labour Department for relief     by making a representation in a plain paper giving necessary     details like- name and address of the employer, name and     address of the establishment, and facts constituting violation of     law or service conditions etc. giving rise to the cause of action.     However, where a specific law requires an application to be     made in the prescribed Form and in the prescribed manner e.g.     an application for gratuity to be made in Form N before the     Controlling Authority under the Payment of Gratuity Act, 1972,     the employee should make the application accordingly.

10.Q.   Is it necessary for a workman to approach the Labour Deptt. for relief only through a registered trade union?
 Ans.     An industrial dispute  as defined under Sec. 2(k) of     Industrial Disputes Act, 1947, is required to be raised through a     registered trade union. However a substantial number of     workmen interested in a dispute can also raise the dispute     through 5 workmen elected as representatives in a general     resolution. Individual workman can also raise an industrial     dispute against termination of his service under Sec. 2A of     Industrial Disputes Act, 1947. A complaint relating to violation     of law or settlement or award can also be made by the     aggrieved workman himself. Similarly an application for relief     under a specific law e.g. Payment of Gratuity Act, 1972 can be     made in the manner prescribed.

11.Q.  Can a trade union / or a group of workmen raise an ID     directly before the Conciliation Officer without raising it first     before the management/employer?  
Ans.     Any fresh demand of the workmen should be made at the first instance, on the employer before  a dispute can be said to exist between the workmen and such employer.  Therefore, such demands should be raised by the workmen or the trade union, first before the employer and after the same is either not responded to or rejected by such employer, the workmen or the trade union can approach the conciliation officer for intervention into the dispute over such demands.

12.Q.   Is only a registered trade union entitled to raise an industrial dispute under Industrial Disputes Act, 1947 before the Conciliation Officer? 
Ans.     Any group of a substantial number of workmen interested in an industrial dispute can raise such dispute jointly before the Conciliation Officer through 5 elected members representing the group even without the help of any trade union. A copy of the resolution signed by all the workmen should be enclosed along with the representation duly signed by the 5 elected representatives.

13.Q.   When can an individual workman raise an ID under Industrial     Disputes Act, 1947?  
Ans.     As per Sec. 2A of Industrial Disputes Act, 1947 an individual workman can raise any dispute or difference, between him and his employer, connected with or arising out of such discharge, dismissal, retrenchment or termination not withstanding that no other workman nor any union of the workmen is a party to the dispute.

14.Q.   How can a workman raise an ID under Industrial Disputes     Act, 1947?  
Ans.     If the dispute relates to discharge, dismissal, retrenchment or termination of services as provided under Sec. 2A of Industrial Disputes Act, 1947, the workman affected by such discharge, dismissal, retrenchment or termination can individually raise an industrial dispute under Industrial Disputes Act, 1947 by making a representation to the Conciliation Officer stating relevant details. In any other case a group of substantial number of workmen who are interested in any industrial dispute may raise the dispute through a representation jointly made by all such workmen either directly or through their trade union.

15.Q.   Can an employer raise an industrial dispute under     the Industrial Disputes Act, 1947?  
Ans.     Yes.  An employer can also raise an industrial dispute under Industrial Disputes Act, 1947 against his workmen in the same way as his workmen can raise an industrial dispute against him.

16.Q.   What are the issues on which an industrial dispute can be     raised under Industrial Disputes Act,                 1947?  
Ans.     Sec. 2(k) of Industrial Disputes Act, 1947 defines an industrial dispute to be any dispute or difference between employers and employers, or between employers and workmen or between workmen and workmen which is connected with the employment or non employment or the terms of employment or, with the conditions of labour of any person.  Thus an industrial dispute can be raised on any issue connected with the employment or non-employment or the terms of employment or, with the conditions of labour of any person and such person himself need not be a workman.

17.Q.   How does a trade union gain the status of a recognized union in a given establishment? 
Ans.     There is no provision of law in Central Sphere providing for recognition of trade union as a collective bargaining agent or representative body of the workmen in an establishment.  However, the Code of Discipline there are provisions for determination of relative strength of unions operating in an establishment through physical verification of records and spot verification by interrogation of workers by random sampling when parties involved accept the Code of Discipline. Election can be held by secret ballot when the employer and all the trade unions operating in the establishment give consent for secret ballot election.   

18.Q.   What should the workman do if an award given by any Labour Court/Industrial Tribunal and published under Sec.17 of ID Act 1947 granting him relief is not implemented by the employer ? 
Ans.     An award including an arbitration award becomes enforceable on expiry of 30 days from the date of its publication under Sec. 17 of the Industrial Disputes Act, 1947. If the employer does not implement an award after it has become enforceable, the workman concerned may approach the Labour Department of the appropriate Govt. for necessary action for implementation of the award.  Where any money is due to a workman from an employer under the award, the workman may also apply to the appropriate Govt. { Regional Labour Commissioner (Central) in case of the Central Govt.} under Sec. 33C(1) for recovery of the money so due to him. 

19.Q.   Who can file an application before the Controlling Authority under the P.G. Act, 1972? 
Ans.     If an employer refuses to accept a nomination or to entertain     an application for gratuity sought to be filed under Rule 7 or     issues a notice under Sub Rule (1) of Rule 8 either specifying an     amount of gratuity which is considered by the applicant to be     less than what is due or rejecting eligibility to payment of     gratuity or having received an application under Rule 7 fails to     issue any notice as required under  Rule 8 within the specified     time, the claimant employee, nominee or the legal heir may     make an application in Form N before the Controlling     Authority. In case of the Central Govt., the Asstt. Labour     Commissioners (Central) and Regional Labour Commissioners     (Central) are ordinarily appointed as the Controlling Authority     and the Appellate Authority respectively under the Payment of     Gratuity Act, 1972.