Quazi Judicial Functions

Written by Super User. Posted in Uncategorised

Quasi-Judicial Functions

         All the Deputy Labour Commissioners except Deputy Labour Commissioner (IR), Ernakulam and Dy.Labour Commissioner (HQ) are acting as authorities exclusively dealing quasi-judicial functions under the labour enactments given below:-      

                 1. Workmens' Compensation Act.
                 2. Kerala Shops and Commercial Establishments Act (Shop appeal).
                 3. Claims under Minimum Wages Act.
                 4. Kerala Payment of Subsistence Allowance Act.
                 5. Kerala Casual Temporary and Badli workers Act.
                 6. Kerala Industrial Employment (Standing orders) Act.

          The Regional Joint Labour Commissioners are functioning as Appellate Authorities under the Kerala Head Load workers Act, Payment of Gratuity Act, Kerala Industrial Employment (standing orders) Act, etc. The DLOS are the controlling authority under the Payment of Gratuity Act, and Conciliation Officer under the Kerala Head Load Workers Act for settling / deciding disputes under the said Act besides other functions.

PrintEmail

Enforcement

Written by Super User. Posted in Uncategorised

       Enforcement of the various labour legislations is mainly carried out through 101 Assistant Labour Officers (Grade II) and 10 Inspectors of Plantations. The Assistant Labour Officers are controlled and supervised by 11 District Labour Officers (E) in the Districts except in Idukki, Wayanad and Pathanamthitta where District Labour Officers (G) is entrusted with the enforcement functions also. A state Advisory Contract Labour Board has been constituted and functioning in the State for advising the Govt. in the matter of abolition of contract labour.

      The Inspectors of Plantations are functioning under the Chief Inspector of Plantations, an Officer in the cadre of Joint Labour Commissioner, whose headquarters is at Kottayam. The chief Inspector and the 10 Inspectors of Plantations function as a separate Inspectorate for enforcement of Plantations Labour Act 1951 and other labour laws applicable to Plantations in the State. The Assistant Labour Officers are the notified inspectors under 18 Labour Legislations. The Assistant Labour Officers and the District Labour Officers (E) are supervised and controlled by three Regional Joint Labour Commissioner at Kollam, Ernakulam and Kozhikode.

      The Additional Labour Commissioner (E) in the office of the Labour Commissioner has overall supervisory charge of the enforcement officers in the state. Besides this, the Labour Commissioner and all other officers in the Labour Commissionerate are empowered to carry out the functions of inspectors under all the 18 legislations mentioned above. A District Labour Officer (HQ) in the Office of the Labour Commissioner is functioning as the Inspector of News paper establishments, for the whole state.

       For effective functioning of the enforcement wing, the inspections in establishments are streamlined in such a way that the establishments employing 50 to 250 employees are being inspected by the District Labour Officers (E) while establishments employing more than 250 employees are put in charge inspected by the Regional Joint Labour Commissioners. Special inspection squads for Cashew Industry constituted with the co-operation of different departments, like Provident Fund, E.S.I. etc. have played a very significant role in ensuring various benefits payable to the Cashew Workers in the State.

PrintEmail

Industrial Relations

        Labour Department is instrumental in maintaining cordial industrial relations. Its conciliation machinery consists of the Labour Commissioner, Additional Labour commissioner (IR), Regional Joint Labour commissioners, Deputy Labour Commissioner (HQ), District Labour Officers (General), Deputy Labour Officers and Assistant Labour Officers Gr.I. The industrial disputes are settled mainly through the intervention of the conciliation officers through the process of conciliation. If conciliation fails, the dispute is referred for adjudication by Labour Courts/ Industrial Tribunals. Besides DLO is the conciliation officers of the Kerala Head Load Workers Act, 1978 with powers to settle/decide disputes.

Industrial Relations Committees

       The Government of Kerala, under the chairmanship of Labour commissioner, for maintaining industrial peace and harmony, constitutes the Industrial Relations committees. The members of the IRC are persons having thorough knowledge about the issues experienced by the employers and workmen. Equal number of representatives from employers and trade union are included in the IRC. The Industrial Relations committees through discussions arrive at decisions on wage revision, bonus, service conditions of the workers of the respective industry etc. Though the decisions / settlements of IRC are not enforceable by law, the settlement / decision taken by the committee are considered as a general agreement in the State as a whole. At present 12 Industrial Relations committees are functioning in the State.

They are :-

1. IRC for Toddy Tapping Industry

2. IRC for Motor Transport Industry

3. IRC for Cashew Industry

4. IRC for Kuttanad Agricultural Sector

5. IRC for Coir Industry

6. IRC for Private Hospital

7. Plantation Labour Committee

8. IRC for Supplyco

9. IRC for News Paper Industry

10. IRC for Textile Industry

11. IRC Board

Select List 2018

Written by Super User. Posted in Uncategorised

PrintEmail