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GANESH M
VS
SOUTH CENTRAL RAILWAY
2002(3) LLJ 999[HC-AP-DB]
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A WORKMAN OF THE
CONTRACTOR COMPLAINED TO THE CONTRACT LABOUR ACT INSPECTOR NON PAYMENT OF WAGES OF ABOUT RS.61000/-
THE INSPECTOR UNDER (CL ACT) WHO WAS ALSO A CONCILIATION OFFICER UNDER ID ACT, INITIATED CONCILATION
PROCEEDINGS UNDER SECTION 12 OF ID ACT
DURING CONCILIATION PROCEEDINGS HE ISSUED ORDERS TO THE PRINCIPAL EMPLOYER (RAILWAYS) TO DEDUCT THE AMOUNT FROM CONTRACTOR’S BILL AND PAY IT TO THE AGGRIEVED WORKMAN
THE RAILWAYS DISPUTED THE CLAIM AND CONTRACTOR OBJECTED TO THE RAILWAY MAKING THE DEDUCTION
CONTRACTOR ALSO CHALLENGED THE INSPECTOR/CONCILIATION OFFICERS’ POWERS TO ISSUE SUCH ORDERS
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IF THE OFFICER WAS ACTING UNDER SN.12 OF ID ACT, HE HAS NO POWERS TO ISSUE ORDERS OR DIRECTIONS TO PARTIES.
IF HE WAS ACTING AS AN INSPECTOR UNDER CONTRACT LABOUR ACT, HIS POWERS UNDER SECTION 28 ALSO DOES NOT EMPOWER HIM TO ISSUE SUCH DIRECTIONS
HE CAN AT BEST SEND A FAILURE REPORT AND THE DISPUTE NEEDS TO GET ADJUDICATED OR RAISED BEFORE A CIVIL COURT
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