Labour

ORGANISATIONAL CHART

The Labour Department, Union Territory, Chandigarh is headed by the Labour Commissioner who is also the Deputy Commissioner, Chandigarh. The Secretary Labour is the Home Secretary. The Head of the office is Assistant Labour Commissioner who is assisted by Inspectorate and Ministerial staff.

  • Secretary Labour
  • Labour Commissioner
  • Assistant Labour Commissioner
  • Inspectorate and Ministerial staff

TERRITORIAL JURISDICTION

The Secretary Labour, Labour Commissioner and Assistant Labour Commissioner have jurisdiction over whole territory of Chandigarh. The entire area of Union Territory is divided into four circles and each circle has an independent Labour Inspector.

FUNCTIONS OF THE DEPARTMENT

The Labour Department has multifarious functions to perform. This department is enforcing about two dozens labour enactments. The main function of the department is to maintain industrial peace and cordial relation between the worker and his employer. The other important function of the department is to ensure proper enforcement of labour laws.

Brief note on the important labour enactment alongwith relevant authority is described below: -

INDUSTRIAL DISPUTES ACT, 1947

Under this Act the Assistant Labour Commissioner has been declared as Conciliation officer. The Conciliation Officer tries to conciliate the dispute between the worker and employer and to bridge the gap between them so that amicable settlement can stake place.

Any Worker whose services have been illegally terminated, discharged, dismissed or retrenched can raise an industrial dispute under section 2-A of the Industrial Dispute Act, 1947.

Any union or a set of five elected authorized representatives can raise an industrial dispute under section 2-K of the Industrial Dispute Act for better service conditions and withdrawal of orders of punishment in respect of an individual relating to service conditions etc.

In case of any strike, lay off or lock out for which an intimation is received in this office or if there is any apprehension of industrial unrest, the Conciliation officer immediately intervenes in the matter and try to settle the dispute.

WORKMEN’s COMPENSATION ACT, 1923

This is a very important peace of legislation granting relief to injured person or dependents of the deceased with regard to injury suffered by the worker, out of and during the course of his employment. The Assistant Labour Commissioner has been designated as Commissioner under the Workmen Compensation Act, who exercises quasi-judicial powers. If any person suffers injury out of and during the course of his employment he can submit a claim case under the Act. In the eventuality of fatal accident out of and during the course of employment, the dependents of the deceased can also submit claim application for compensation before the Commissioner Workmen’s Compensation. The appeal against the orders of the Commissioner Workmen’s Compensation lies in the Hon’ble Punjab and Haryana High Court.

MINIMUM WAGES ACT, 1948

Under this Act the Assistant Labour Commissioner has been designated as quasi-judicial Authority. In case any worker is paid wages less than the wages notified by the Chandigarh Administration under the Minimum Wages Act then he can submit his claim under the said Act and if the claim is proved than interest and penalty can be awarded alongwith the claim admitted. The Appeal against the orders of the authority lies in the Hon’ble High Court.

PAYMENT OF WAGES ACT, 1936

Under this Act the Assistant Labour Commissioner has been designated as quasi-judicial Authority. Any worker who falls within the category of an employee i.e. whose monthly wages does not exceed Rs.6500/- can raise claim with regard to non-payment of wages, illegal deduction and delayed wages and if the claim is proved than interest and penalty can also be awarded alongwith the claim amount. Appellant Authority under the Payment of Wages Act is District and Session Judge, Union Territory, Chandigarh.

PAYMENT OF GRATUITY ACT, 1972

The Assistant Labour Commissioner has been designated as Controlling Authority under this Act, which is a quasi-judicial authority. Any worker who is not paid gratuity within the prescribed period i.e. within 30 days can submit his claim to the Authority under the Payment of Gratuity Act. The Appellant Authority under the Payment of Gratuity Act is the Legal Remembrancer, U.T., Chandigarh.

EQUAL REMUNERATION ACT, 1976

Under this Act the Assistant Labour Commissioner has been declared as Inspector as well as quasi-judicial Authority. In case of any discrimination regarding wages between a men and women for same work or work for similar nature, the aggrieved person can file his/her claim before the authority. The aggrieved person can also submit a complaint before the Inspectors as well. The Labour Commissioner is the Appellant Authority.

THE FACTORIES ACT, 1948

Under the Factories Act the Labour Commissioner is the Chief Inspector of Factories and the Assistant Labour Commissioner is the Additional Chief Inspector of Factories.

PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1958

Under this Act the Assistant Labour Commissioner is Chief Inspector of Shops and Competent Authority to make the challans and sanctions the challans in respect of inspection made by the Inspectorate staff under this Act.
This is very important Act, which regulate the working conditions of the workers in the Shops and Commercial Establishments. The said Act envisages opening and closing, rest intervals and close days in respect of such establishments.

The opening and closing hours in the Shops and Commercial Establishments in Sector 17, Union Territory, Chandigarh is as under: -

  • Opening/closing hours of all classes of Shops and Commercial Establishments in Sector 17 from 11.00 A.M. to 9.00 P.M. will remain operative from 15th April to 15th November every year and from 10.00 A.M. to 8.00 P.M. from 16th November to 14th April every year.

The above timings will not apply to the shops and commercial exempted under Section 4 of the Act ibid.

  • The opening and closing working hours in Union Territory, Chandigarh other than Sector 17 is as under: -
  • All classes of Shops and Commercial Establishments in the Union Terriotry, Chandigarh.
  • Opening Hours Not earlier than 10.00 A.M.
  • Lunch break 1.30 P.M. to 3.30 P.M.
  • Closing Hours Not later than 8.00 P.M.

The Chandigarh Administration has recently issued a notification permitting the employers to open the shops on all the seven days in a week. The employer of all Shops and Commercial Establishments, who employ employees will be allowed to open their Shops and Commercial Establishments subject to the conditions that they observe all the provisions of the Act/rules relating to employment, working conditions, rest interval, weekly off days and other restrictions specified in the aforementioned Act of 1958.

CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1979

If any contractor employees 20 or more workers then he is required to get license under the above Act and the Principle employer is also required to get the registration certificate.

CHILD LABOUR REGULATION AND ABOLITION) ACT, 1986

The Assistant Labour Commissioner and Labour Inspectors have been designated as Inspector under the Act ibid. Under this Act the employment below the age of 14 have been prohibited in Schedule Part-A appended to the Act. The employment of a worker between the age 14 to 18 years have been regulated. However the Government of India vide its notification dated 10.10.2006 has widen the scope of prohibition of child labour by amending the schedule to the above said Act whereby banning employment below the age of 14 years as domestic workers or servants and also banning employment in dhabas (road-side entries) restaurants, hotels, motels, tea-shops resorts, spas or other recreational centers.

TRADE UNIONS ACT, 1926

Under this Act the Assistant Labour Commissioner is Registrar for the purpose of registering the Trade Union as on 1.1.2007. The number of registered trade union in the Union Territory is 555.

In addition to above the department is also enforcing the following Acts

  •  Motor Transport Workers Act, 1961.
  • Punjab Industrial Establishments National and Festival Holidays (Casual & Sick Leave) Act, 1965.
  • Payment of Bonus Act, 1965.
  • Industrial Employment (Standing Orders) Act, 1946.
  • Working Journalists and other Newspaper Employees (Conditions of Service and Miscellaneous provisions) Act, 1956.
  • Sales Promotion Employees (Condition of service) Act, 1976.
  • Inter- State Migrant Workmen’s (Regulation of Employment & Conditions of service) Act, 1979.
  • Maternity Benefit Act, 1961.
  • Building and other Contract Workers (Regulation of Employment & Conditions of service) Act, 1996.
  • Bonded Labour System (Abolition) Act, 1976.

Any aggrieved persons under any Act can submit complaint to this department for redressal.

STATISTICAL DATA

All the registered factories are required to submit various monthly/half yearly/yearly statutory statements required to be submitted under various Labour Laws. Non-submission to statutory returns entails legal action.

LABOUR WELFARE BOARD

In addition to above, Chandigarh Labour Welfare Board is also functioning under the control of the Labour Department.