Keywords:- Labour Commissioner
Chief Labour Commissioner (Central) CLC(C) is entrusted with the following functions.
1.Prevention and settlement of industrial disputes through conciliation/mediation.
2.Enforcement of Labour Laws and Rules made there under in Central Sphere.
4.Verification of Trade Union membership
- Prevention And Settlement Of Industrial Disputes
The CIRM ensures harmonious industrial relations in the central sphere establishments through :
A) Intervention, mediation and conciliation in industrial disputes with a view to bring about settlements of disputes.
B) Implementation of settlements and awards
C) Interventions in situations of threatened strikes and lockouts with a view to avert them.
2.Enforcement of Labour Laws and Rules made there under
Enforcement of labour laws and rules made there under is an important function of the organisation of CLC ( C). Major establishments covered under the Central sphere include Railways, Mines, Banks, Insurance, Major Ports, Cantonment Boards, ONGC, Indian Oil, BPCL, HPCL, FCI. Under the Industrial Employment (Standing Order) Act, besides the above establishments all central public sector undertakings are covered and under Payment of Gratuity Act besides the above establishment all central public sector undertakings and establishments having branches in more than one state fall in Central Sphere.
3.Names of the Enactments Enforced in Central Sphere
- Industrial disputes Act, 1947
2.Payment of Wages Act, 1936 & Rules made there under for Mines, Railways, Air Transport Services and Docks Wharves and Jetties in major ports
3. Minimum Wages Act, 1948
4.Contract Labour (Regulation & Abolition) Act, 1970
5.Equal Remuneration Act, 1976
6.Inter State Migrant Workmen (RE&CS) Act, 1979
7.Payments of Bonus Act, 1965
8.Child Labour (P&R) Act, 1986
9.Payment of Gratuity Act, 1972
10.Labour Laws (Exemption from Furnishing returns and Maintaining Registers by Certain Establishments) Act, 1988
11.Building & other Construction Workers (RE&CS) Act, 1996
12.Chapter VI-A of Indian Railway Act, 1989 Hours of Employment Regulations for Railway Employees
13.Industrial Employment (Standing Orders) Act, 1946
14. Maternity Benefit Act, 1961 (Mines & Circus Rules 1963)
15. MES Contractors Workers Regulations
The officers of CIRM perform quasi-judicial functions under various labour enactments as shown below: –
|CLC (C)||Director General (Inspection) under BOCW (RE&CS) ACT (now the power is delegated to one of the Dy.CLCs(C) ) & Appellate Authority under IE (SO) Act & Right to Information Act, 2005|
|Dy. CLC(C)||Appellate Authority under IE (SO) Act. Authority under Rule 25(2) (v)(a) and (b) of CL (R&A) Central Rules 1971.|
|RLC(C)||Authority under M.W. Act. RLC?s(C) who are not heading a region have been declared as Registering and Licensing Officer under CL(R&A) Act and Registering officer under BOCW Act, Controlling Authority under P.G. Act and Authority under Equal Remuneration Act, Appellate Authority under CL(R&A) Act, P.G. Act, E.R. Act, Certifying officer under IE (SO) Act. Supervisor of Railway Labour under HOER.|
|ALC(C)||Controlling Authority under P.G. Act., Authority under E.R. Act, Registering & Licensing Officer under CL(R&A) Act. Registering Officer under BOCW (RE&CS) Act & ISMW Act.|
5.Verification of Trade Union membership
The officers of CIRM are required to conduct verification of trade union membership as under:-
a) Verification of Trade Union membership for recognition under Code of Discipline as directed by Ministry of Labour and Employment or by order of High Court, Supreme Court. b) Statutory verification for appointment of workmen Director in Nationalised and State Banks under i) State Bank of India and its subsidiaries (Appointment of Employee Directors) Rule, 1947. ii) Nationalized Banks (Management and Miscellaneous Provisions) Scheme, 1980. c) General verification of Central Trade Unions Organisation by checking records and sampling.
6 Functions under Right to Information Act, 2005.
Right to Information Act was introduced in October, 2005. All the RLCs(C) in the field have been declared as CPIO and Dy. CLCs(C) in the field have been declared as Appellate Authority. Dy CLC(C) in Headquarters has been declared as CPIO and Chief Labour Commissioner (C) is the Appellate Authority for Hqrs w.e.f. 17th January, 2007. During the year 2005-06 total no. of cases disposed off were 56 under the Right to Information Act, 2005.
7 Miscellaneous Functions
In addition to the above, CIRM performs many miscellaneous functions described below: In addition to the above, CIRM performs many miscellaneous functions described below:
1. Conducting periodic meetings of Minimum Wages Advisory Board and notifying V.D.A. every six months as per A.I.C.P.I. number.
2. Defending M.O.L. in Writ Petitions filed against Ministry in different High Courts
3. Investigations of Complaints.
4. Assisting Central Advisory Contract Labour Board as convenors of different sub-committees to examine the question of abolition of contract labour system in different employments.
5. Assisting Ministry in preparation of different reports required to be submitted to ILO.
6. Supplying information to Ministry for replying Parliament Questions on statutes enforced by CLC organization.
7. Advising M.O.L&E in Conflict situation like strikes of All India Nature and other Labour matters.
8. Assisting Ministry in interpretation/clarification of complicated legal issues raised by other employing Ministries, State Governments, employers and workmen.
9. Attending to Parliamentary Committees and other important delegations as per advice of the Ministry.
10. Keeping Liaison with State Government Labour Departments for collection of information as per directions of Ministry.
11. Assisting M.O.L&E in training of C.L.S. officers. Monitoring the work of and providing guidance to ALWCs, DLWCs, LWCs posted in the industrial and other establishments under the control of the Central Government.
Dealing subjects under jurisdiction of CLC(C)
- Industrial Dispute (IDs ) and Conciliation in matter of Major Ports, Railways Defence Undertakings, Food Corporation of India, Post & Telegraph, CPWD, Banks, Insurance, Air Transport Corporations, Coal Mines and Non Coal Mines including oil fields and controlled industries i.e. Oil Refinery, Atomic, Minerals, Mines and Projects under Industrial Dispute Act 1947.
- Implementations of Settlements and Awards on industries mentioned as (1) above.
- Important Strikes and Lockout in the industries mentioned as (1) above.
- Complaints/ Grievances received from any union or individual pertaining to industries mentioned as (1) above.
- Parliament Questions/ Writ Petitions on industries mentioned as (1) above.
- FOCs & offer regarding above matters referred by Ministry of Labour & Employment for opinion in respect of Industries mentioned as (1) above.
- Any other matter concerning to Coal Mines and Non Coal Mines not specifically assigned to any other Section.
- Submission of weekly Review of Labour Situation.
- Monthly report for Cabinet on Labour Situation/ Monthly Statistical report to Cabinet / Weekly Statement regarding important strikes/ Lockout continuing for more than seven days in central sphere. Matters relates to State Sphere.
- Complaints/ Grievance is received from any Union or Individual pertaining to industries mentioned as (1) above.
- FOCs referred by Ministry of Labour for opinion in respect of Industries mentioned as (1) above.
- Any other matter concerning to Coal Mines and Non Coal Mines mot specifically assigned any other