For banks and insurance companies, appropriate government will be Central for POSH Act.

 Kerala High Court

Suresh Babu vs The Regional Joint Labour ... on 23 May, 2016

IN THE HIGH COURT OF KERALA AT ERNAKULAM

 PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 22ND DAY OF NOVEMBER 2016/1ST AGRAHAYANA, 1938
WP(C).No. 35914 of 2016 (L)
-------------------------------------------
PETITIONER(S) :
-------------------------
SURESH BABU,
DEVIKRIPA, PUKKATTUPARAMP,
NANTHIYATTUKUNNAM, NEAR AYURVEDA
HOSPITAL, NORTH PARAVOOR P.O.,
ERNAKULAM-683 513.


BY ADV. SRI.J.OM PRAKASH

RESPONDENT(S) :
-----------------------------

1.         THE REGIONAL JOINT LABOUR COMMISSIONER,
           KAKKANAD P.O., ERNAKULAM.
2.         THE MANAGING DIRECTOR,
           HDFC STANDARD LIFE INSURANCE
           COMPANY LIMITED, CORPORATE AND REGISTERED
           OFFICE, LODHA EXCELUS, 13TH FLOOR,
           APPOLO MILLS COMPOUND,
           N.M. JOSHI MARG, MAHALAKSHMI,
           MUMBAI-400 011.


           R1 BY SR. GOVERNMENT PLEADER SRI. S.GOPINATHAN

           THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
           ON 22-11-2016, THE COURT ON THE SAME DAY DELIVERED THE
           FOLLOWING:




Msd.

WP(C).No. 35914 of 2016 (L)
------------------------------------------
            APPENDIX

PETITIONER(S)' EXHIBITS :

P1                  A TRUE COPY OF THE LETTER DATED 23/05/2016 ISSUED TO
                    THE PETITIONER.

P2                  A TRUE COPY OF THE DRAFT-COPY OF THE 1-131 WHOLE
                    BODY- SCINTIGRAPHY REPORT OF THE PETITIONER ISSUED
                    FROM THE AMRITAINSTITUTE OF MEDICAL SCIENCES AND
                    RESEARCH CENTRE DATED 30/11/2015.

P3                  A TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY
                    THE PETITIONER DATED 23/06/2016.

P4                  A TRUE COPY OF THE 1ST RESPONDENT DATED 14/07/2016.

P5                  A TRUE COPY OF THE S.R.O NO. 327/2016 DATED 16/04/2016.

RESPONDENT(S)' EXHIBITS :

                            NIL

                                                        //TRUE COPY//


                                                       P.A.TO JUDGE. Msd.



                      A.MUHAMED MUSTAQUE, J.
                  =========================
                      W.P.(C).No.35914/2016
                  ~~~~~~~~~~~~~~~~~~~~~~~~~
     Dated this the 22nd day of November, 2016


                            J U D G M E N T

The petitioner filed an appeal before the first respondent under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. However, this appeal was returned by the first respondent vide Ext.P4 stating that the first respondent is not the appellate authority. The petitioner refers to Ext.P5 notification issued under Section 2 of the Industrial Employment (Standing Orders) Act, 1946. This shows that the first respondent is the appellate authority. In that view of the matter, the impugned order is set aside. The first respondent is directed to dispose of the appeal, at any rate, within a period of two months after hearing all concerned.

The writ petition is disposed of as above. No costs.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE ms

Employer-employee relationship not to exist in the absence of documentary proof.

 Delhi High Court

Shambhu & Anr vs M/S Sugan Drycleaners & Anr on 14 July, 2017

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on : 07th July, 2017

Date of decision : 14th July, 2017

W.P.(C) 9732/2015

SHAMBHU & ANR ..... Petitioners Through Mr. Medhanshu Tripathi, Mr.Manindra Dubey, Advs.

versus

M/S SUGAN DRYCLEANERS & ANR   ..... Respondents

Through Ms. Pratishtha Vij, Adv. for

Mr. Sanjoy Ghose, ASC (Civil),

GNCTD for R-2.

None for R-1.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

                               

JUDGMENT

ANU MALHOTRA, J.

1. Vide the present W.P. (C) 9732/2015, the petitioners Shambhu s/o Sh. Ram Sunder and Vishwanath s/o Sahagu Prasad have assailed the impugned Award dated 30.06.2015 of the learned Presiding Officer, Labour Court-IX, Karkardooma Court, Delhi in I.D. 243/11 (old), 392/13 (new) whereby the workmen arrayed as petitioners to the present petition have been held to be not entitled to any relief against the management i.e. M/s. Sugan Drycleaners, in as much as it has been held vide the impugned Award in relation to the issues (framed on 18.11.2013 and rectified in the impugned Award itself on 30.06.2015), which are to the effect : -

"1. Whether there is any employer employee relationship in between the workman Sh. Indrason (Sh. Indrason rectified to read as Vishwanath vide the impugned Award) and the management?" OPW.

2. Whether there is any employer employee relationship in between the workman Sh. Shambhu Prasad and the management? OPW

3. Whether the services of the workman have been terminated by the management illegally and/or unjustifiably? OPW.

4. Relief ;

that there was no existence of any employer and employee relationship between the workmen Shambhu s/o Sh. Ram Sunder and Vishwanath s/o Sahagu Prasad and the management of M/s. Sugan Drycleaners and thus consequently it could not be held that the services of the workmen Shambhu s/o Sh. Ram Sunder and Vishwanath s/o Sahagu Prasad had in any manner been illegally and unjustifiably terminated by the management and likewise the petitioners were held to be not entitled to any relief.

The said issue was framed on the basis of the reference made by the Deputy Labour Commissioner as under:

"Whether services of (i) Shri Indrason s/o Sh. Jagan Pal,

(ii) Shri Shambhu s/o Shri Ram Sunder and (iii) Shri Vishwanath s/o Shri Sahagu Prasad have been terminated illegally and/or unjustifiably by the management, and if yes, to what relief are they entitled and what directions are necessary in this respect?"

2. The observations in the impugned Award are categorical to the effect that the petitioners, who claimed themselves to be the workman of M/s. Sagun Drycleaners had not produced a single document in support of their contention that they had ever been in the employment of the management, despite ample opportunity having been granted in relation thereto. The management of M/s. Sagun Drycleaners before the learned Presiding Officer, Labour Court-IX, Karkardooma Court, Delhi in I.D. 243/11 (old), 392/13 (new), had also categorically asserted that there was no employer and employee relation between the workmen and the management.

3. The impugned Award and the certified copies of the cross examination of the petitioner Vishwanath who was cross examined as WW1 on 22.05.2015 and Shambhu Prasad who was cross examined as WW2 on 22.05.2015 bring forth that the workmen have both categorically stated "It is correct that I have not placed any document, which may prove that I was ever in the employment of the management".

4. Vide the impugned Award, reference has been made to the verdict in UCO Bank Vs. Presiding Officer & Anr. 1999 V AD (Delhi) 514 of this Court wherein it has been observed that the principles regarding burden of proof are stipulated in Chapter VII of Indian Evidence Act, 1872 (in short Evidence Act) and that Sections 101 to 114A of Evidence Act particularly Sections 101 and 102 of the Evidence Act, which bring forth that he who asserts must prove through evidence to the satisfaction of the Tribunal or Court to establish the existence or non-existence of a fact contended by him. It was further held vide this judgment that the burden of proving a fact rests on the party who substantially asserts the affirmative of the issue and not upon the party who denies it, for a negative is usually incapable of proof.

5. Likewise, reference was also made to the verdict of the Allahabad High Court in Canara Bank Vs. Union of India & Ors. 1998 Lab. I.C. 2923 wherein it has been observed that "Section 101 of Evidence Act postulates that whoever desires any court to give judgment as to any legal right and liability dependent on the existence of facts which he asserts, must prove that those facts exist." It was further held that when a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Reference was also made by the Court to the provisions of Section 101, 103 and 106 of the Evidence Act pertaining to burden of proof in such like case.

6. Reference was also made in the impugned Award to the verdict of this Court in Automobile Association Upper India Vs. P.O. Labour Court II & Anr. 130 (2006) DLT 160 wherein it has been observed in paragraph 14 thereof to the effect:

"14. Engagement and appointment in service can be established directly by the existence and production of an appointment letter, a written agreement or by circumstantial evidence of incidental and ancillary records which would be in the nature of attendance register, salary registers, leave record, deposit of provident fund contribution and employees state insurance contributions etc. The same can be produced and proved by the workman or he can call upon and caused the same to be produced and proved by calling for witnesses who are required to produce and prove these records. The workman can even make an appropriate application calling upon the management to call such records in respect of his employment to be produced. In these circumstances, if the management then fails to produce such records, an adverse inference is liable to be drawn against the management and in favour of the workman."

Reference was also made to the verdict to the Supreme Court of India in "Range Forest Officer Vs. S.T. Hadimani, AIR 2000 Supreme Court 1147" wherein it has been observed that a mere self serving affidavit does not tantamount to prove that there is relationship of employer and employee in between the parties.

7. Notice of the petition was issued to the respondents. Though the respondent no. 2 i.e. Government of the National Capital Territory of Delhi was represented, the respondent no. 1 chose not to put in appearance despite service and was thus proceeded ex-parte on 20.02.2017.

8. Written submissions were also submitted on behalf of the petitioners in terms of the order dated 20.02.2017 with submissions to the similar effect as made in the petition that the proceedings before the learned Presiding Officer, Labour Court-IX, Karkardooma Court, Delhi in I.D. 243/11 (old), 392/13 (new) have been conducted mechanically and that there was no suggestion given by the Authorized Representative of the management to the workmen in the cross examination that they were not employees of the respondent no. 1 and thus they would have to be deemed to be employees of the management. It was also submitted on behalf of the petitioners that mere non - execution of the document by the employer cannot suffice to determine the existence of a relationship of the petitioners being the employees of the employer between the petitioners and the respondent no. 1.

9. On a consideration of the entire available record, it is apparent that there is nothing in the evidence led by the two petitioners before the learned Presiding Officer, Labour Court-IX, Karkardooma Court, Delhi in I.D. 243/11 (old), 392/13 (new) to indicate the existence of a relationship of the petitioners being employees of the respondent no. 1 and the petitioners have admitted that they have not placed any such document on record even before the learned Presiding Officer, Labour Court-IX, Karkardooma Court, Delhi in I.D. 243/11 (old), 392/13 (new) to bring forth such relationship.

10. No appointment letter, no written agreement, no joining registration, no attendance register, no salary register, no leave record, no deposit of PF contribution, no ESI contribution record has been produced by the petitioners. Even the co-workers, if any, have not been examined by the petitioners in the instant case in support of their contentions that they were the employees of the respondent no. 1.

11. Reliance thus placed on behalf of the petitioners on the verdict of the Supreme Court in the case of G.B. Pant University of Agriculture & Technology, Pantnagar, Nainital Vs. State of U.P. And Others, (2000) 7 SCC 109 is thus misplaced as the facts therein were not in pari materia with the facts of the instant case.

12. In the circumstances, it is held that there is no infirmity in the impugned Award dated 30.06.2015 of the learned Presiding Officer, Labour Court-IX, Karkardooma Court, Delhi in I.D. 243/11 (old), 392/13 (new), observing to the effect that there exists no relationship of employer and employee between the petitioners and respondent No.2, and that the petitioners are not entitled to any relief.

13. Thus, the petition is dismissed.

ANU MALHOTRA, J JULY 14th 2017 mk

No Employee Can Claim For Retirement At 60 When The Standing Orders Provide At 58 Years.

 Karnataka High Court

Sri P Raju vs M/S Raman Boards Limited on 11 November, 2016

Author: A.N.Venugopala Gowda

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

 DATED THIS THE 11TH DAY OF NOVEMBER, 2016

                        BEFORE

 THE HON'BLE MR.JUSTICE A. N. VENUGOPALA GOWDA

  WRIT PETITION No.29669/2014 (L-RES)

BETWEEN:

SRI P. RAJU

S/O. LATE ERE GOWDA

AGED ABOUT 61 YEARS

R/AT NO.72, 2ND MAIN

4TH CROSS, SRINIVASAPURA COLONY

BANGALORE SOUTH TALUK

BANGALORE - 560 060.

                  ... PETITIONER

(BY SRI H.C.SHIVARAMU, ADV.)

AND:

1.     M/s. RAMAN BOARDS LIMITED

       MYSORE - OOTY ROAD

       UNIT OF ABB GLOBAL

       INDUSTRIES & SERVICES LIMITED

       THANDAVAPURA NANJANGUD TALUK

       MYSORE DISTRICT - 571 302

       BY ITS MANAGER.

2.   THE ASSISTANT LABOUR COMMISSIONER

     MYSORE DIVISION

     MYSORE - 570 001.

                   ... RESPONDENTS

(BY SRI SOMASHEKAR FOR

   M/s. S.N. MURTHY ASSOCIATES, ADVS. FOR R1;

   SRI DILDAR SHIRALLI, HCGP FOR R2)

                                2

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

IMPUGNED ENDORSEMENT DATED 15.01.2013 ISSUED BY THE

2ND RESPONDENT STATING THAT THE GOVERNMENT ORDER

(VIDE ANNEXURE-B) APPLIES ONLY TO U GOVERNMENT

SERVANTS, WHICH IS AT ANNEXURE-F; DIRECT THE 1ST

RESPONDENT TO EXTEND THE BENEFIT OF AMENDMENT OF

CERTIFIED STANDING ORDER AS CONTEMPLATED UNDER

INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT 1946 VIDE

STANDING ORDER CLAUSE 22, WHICH EXTENDS THE

RETIREMENT AGE FROM 58 YEARS TO 60 YEARS AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

                            ORDER

The petitioner was boiler attender in respondent No.1- Establishment. In view of the Certified Standing Orders of respondent No.1 as at Anenxure-R1, the petitioner was notified that he will retire from service of the company on the first date of the calendar month immediately following his 58th birthday i.e., the day he completes 58 years of age. A relieving order to the said effect having been issued, a representation was submitted to respondent No.2 stating that the action amounts to premature retirement in view of the Government Order dated 28.07.2008 which enables an employee to remain in service till the completion of age of 60 years.

2. In response to the said representation, an endorsement as at Annexure-F having been issued by respondent No.2, this writ petition was filed to quash Annexure-F and direct respondent No.1 to extend the benefit of service till completion of age of 60 years and consequently pay the monetory benefits.

3. Heard Sri H.C.Shivaramu, learned advocate for the petitioner and Sri. Somashekar, learned advocate for the respondents. Perused the writ petition and the statement of objections filed.

4. Indisputedly, respondent No.1 has certified Standing orders issued by the Competent Authority. The Certified Standing Orders has been produced along with statement of objections as at Annexure-R1. Clause 11.04 thereof reads as follows:

"Every employees of the company will retire from the service of the company on the first day of the calendar month immediately following his 58th birthday (the day he competes 58 years)".

5. As there is no consequential amendment to the said Certified Standing Orders, either at the instance of Trade Union, if any of respondent No.1 or by any individual employee, including the petitioner, respondent No.2 is justified in issuing the endorsement as at Annexure-F.

6. In the circumstances, the petitioner is not entitled to the relief sought in this writ petition. As petitioner or the Trade Union of respondent No.1 have not sought amendment of the Certified Standing Orders as at Annexure-R1 the representation made by the petitioner being devoid of merit, respondent No.2 is justified in issuing endorsement as at Annexure-F.

In the result, writ petition is dismissed with no orders as to costs.

Sd/-

JUDGE VM

"MAHARASHTRA SHOPS AND ESTABLISHMENTS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 2017" A COMPLETE GUIDE

1. Application for registration of establishment:- The employer of every establishment engaging ten or more workers shall submit online application in Form ‘A’ for registration of the establishment as per section 6 of the Act along with the required documents as specified in Part A of the Schedule.

2. Payment of Electronic Transaction or Service Charges.-- No fee is prescribed under this Act and rules. However, the employer shall pay the electronic transaction or service charges as fixed by the Government from time to time for availing e-services under the Act and these rules. 

3. Manner of registration of establishment.-- (1) Every online application in Form ‘A’ for registration of establishment may be assigned to any of the Facilitator of that local office, who shall scrutinise the application, uploaded documents along with the details mentioned in the application. If the application is complete in all respects and supported with all the required documents, he shall digitally sign the certificate of registration, which shall be in Form ‘B’ within working seven days from the date the application appears on the dashboard of the Facilitator.

 The digitally signed certificate may be downloaded by the applicant. The entry of the establishment which is registered shall be made in the Register of Establishments to be maintained in Form ‘C’.

4.If an application is incomplete or not supported with required documents as mentioned in these rules, then the Facilitator, may reject such application by mentioning the reasons thereof within working seven days from the date on which the application appears on the dashboard of the Facilitator.

5.Renewal of registration certificate.-- Every application for renewal of registration shall be submitted online in Form ‘D’ along with the required documents as specified in Part B of the Schedule.

6. Issue of renewed certificate.-- (1) The Facilitator shall scrutinise the application for renewal of registration and the documents uploaded. If an application is complete in all respects and supported with all the required documents, he shall digitally sign the renewed certificate of registration which shall be in Form ‘E’ within working seven days from the date on which the application appears on the dashboard of the Facilitator. The digitally signed certificate may be downloaded by the applicant

6.(2) If an application is incomplete or not supported with required documents as mentioned in these rules, the Facilitator by mentioning the reasons thereof, may reject such application within working seven days from the date on which such application appears on dashboard of the Facilitator.

7.Form for intimation of commencement of business by such employer engaging less than ten workers.- The employer of every establishment engaging less than ten workers shall submit an online intimation in Form ‘F’ of commencement of the business alongwith the required documents as specified in Part ‘C’ of the Schedule.

8.Issue of receipt of intimation.-After receiving an intimation in Form ‘F’ alongwith all the documents, a receipt of such intimation in Form ‘G’ shall be issued to the applicant online 

and the details thereof shall be recorded in a register maintained for that purpose in Form ‘H’. 

9.Notice to make changes in registration certificate.-(1) Any changes in the certificate of registration shall be notified online in Form ‘I’ to the Facilitator as per section 9 of the Act within thirty days from the date the change took place along with the required documents to be uploaded as specified in the application and Part ‘D’ of the Schedule

9.(2)On receipt of such notice the Facilitator shall scrutinise the same and shall digitally sign and issue a fresh modified certificate within working seven days from the date of receipt of such notice. However, if the notice is not complete or is not supported by the required documents he shall reject the notice by mentioning the reasons thereof. 

10.Closing of business.-(1) Every employer of an establishment engaging ten or more workers, on closing its business permanently shall communicate the same to the Facilitator in Form ‘J’.

10.(2) Every employer of an establishment engaging less than ten workers on closing of its business permanently shall communicate the same to the Facilitator, in Form ‘K’.

11.Power of Government for regulating opening and closing timings of establishments.- The Government may, in the public interest, on its own and, if necessary, after obtaining the views of the concerned Municipal Commissioner in Corporation area or District Collector in other areas and the concerned Police Commissioner or Superintendent of Police, as the case may be, may fix or change the opening or closing timings of any or all classes of establishments in any area or premises.

12.Conditions for employment of women in general as well as in night shifts .- 

(1) The following are the conditions for employment of women workers in general in any establishment irrespective of the number of woman workers employed therein, namely:- (i) The employer shall take all the measures and safeguards to prevent or deter the commission of the Acts of sexual harassment at place of work by strictly implementing and enforcing all the provisions of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013). (ii) In case of a sexual harassment at the instance of a third party, either by an act or commission, the employer shall take all necessary and reasonable steps to assist the affected women workers in terms of support and preventive action. (iii) Provide proper lighting and illumination inside the establishment and also surroundings of the establishment and to all places where the women worker may move out of necessity in the course of such shift. (iv) Every employer shall maintain a complaint box. Every employer shall also display the phone numbers of local police station, control room and women help line number prominently in the establishment. (v) A sufficient number of woman security guard shall be engaged in establishment employing not less than ten women workers. The Police verification of such women security guard shall be mandatory. (vi) Separate urinals and latrines shall be maintained for women workers with safety locking facility only from inside. (2) The following additional conditions shall be complied for employment of women workers in night shifts, namely:- (i) Woman workers shall be allowed to work during 9.30 p.m. and 7.00 a.m. in any establishment only after obtaining her consent in Form ‘L’.

(ii) The number of women workers employed in the night shift shall not be less than three at any point of time. (iii) To provide safe and secure separate transportation facility for all the women workers working in the night shift from the place of workplace to the doorstep of their residence and vice-versa. The employer shall have all the details of the drivers, guards and all such workers engaged by themselves or through any agency or contractor. Police verification of all such workers engaged for safe and secure transportation of women workers shall be mandatory. (iv) In addition to the holidays as mentioned in section 18 of the Act, every women worker who works in night shift as per her shift schedule, shall be eligible for one additional paid holiday for every two months in a year. (v) There shall be not less than twelve consecutive hours of rest or gap between the last shift and night shift whenever a women worker is changed from day shift to night shift and also from night shift to day shift. (vi) No women worker shall be allowed to work in night shift during the period of twenty-four weeks before and after her child birth, of which at least twelve weeks shall be before the expected child birth, and for further such period, if any, as specified in the medical certificate stating that it is necessary for the health of the women worker or her child: Provided that, the said period may be relaxed at the request of women worker on the basis of medical certificate from a qualified medical practitioner stating that neither her health nor that of her child will be endangered. (vii) Every employer shall annually submit an undertaking to the Facilitator that he shall provide all the facilities as mentioned in this rule and shall take due care and diligence regarding the safety, dignity and honour of women worker in general and particularly of those in night shift. 14. Notice of hours of work, rest interval, weekly holiday.-Every employer shall display a notice on his website and at a conspicuous place of the premises of the establishment on a notice board showing the hours of work, rest-interval, weekly holiday in Form ‘M’ 

15. Prohibition of overlapping of shifts.-Work shall not be carried out in any establishment by means of a system of shift so arranged that more than one relay of workers is engaged in work of the same kind at the same time. 

16. Notice of shift schedule, weekly holiday of workers engaged in shift.-(1) In case of establishment operating in shift, the employer shall display well in advance a shift schedule, alongwith weekly holiday showing the names and designation of all persons working in that shift, so that each worker is aware of his weekly holiday and the shift in which he has to work. Such notice shall be in Form ‘N’ and shall be kept in every 

establishment and made available for inspection to the Facilitator on demand. The notice shall be displayed on the website and at a conspicuous place of the premises of the establishment on the notice board. A copy of the same shall be send to the Facilitator electronically or otherwise. (2) There shall be not less than twelve consecutive hours of rest or gap between the last shift and night shift whenever a worker is changed from day shift to night shift and also from night shift to day shift. 17. Part-time employment.-(1) It shall be lawful for the employer to engage parttime worker provided that, he shall not be allowed to work more than five hours in a day. (2) No part time worker shall be allowed to work overtime under any circumstances. (3) Wages payable to a part time worker shall be computed by dividing the per day rate of Minimum Wages applicable to that schedule employment by eight (hours) with fifteen per cent. rise in it or by divided the prevailing rate of per day wages fixed for permanent workers doing similar nature of work in that establishment by eight (hours) with fifteen per cent. rise in it, whichever is higher. 18. Other particulars on identity card.-(1)Alongwith the particulars to be contained in the identity card of worker specified in section 

17 of the Act, the identity card shall also contain an emergency contact number of worker. (2) The employer may issue identity card in electronic form subject to the condition that a hard copy of the identity card shall be maintained and a copy of the same shall be produced as and when demanded by the Facilitator. 

19. Leave Book.- Every employer shall provide to each worker with a book called ‘Leave Book’ in Form ‘O’. A copy of the same shall be retained by employer. All the entries of sanctioned earned leave as per section 18 shall be noted in the Leave Book. Any earned leave applied for and is refused shall also be noted in the Leave Book with initials of the employer or his representative in the respective column of Leave Book. If the Leave Book is lost by the worker, the employer or manager shall provide him the duplicate copy of the same. However, every employer shall be free to maintain Leave Book in such format as he deems fit providing therein all the particulars which would be in consonance with Form ‘O’.

20. Notice by employer or manager of accumulated leave.-The employer or manager shall communicate in Form ‘P’ to the concerned worker, whose leave, which has been carried forward has reached the maximum limit allowed under sub-section (5) of section 18, as soon as possible in the first quarter of each calendar year. Such notice shall state that no further leave can be carried forward. 

21. Health, Safety and Welfare Committee.- (1) Every establishment wherein one hundred or more workers are ordinarily employed, there shall be constituted a Health, Safety and Welfare Committee, consisting of equal number of employer and worker’s representatives. (2) The representative of the employer and workers on the Health, Safety and Welfare Committee shall include,- (i) Senior official who by his position in the organisation can contribute effectively to the function of the said Committee and he shall be the Chairman. (ii) Representatives of Head of all the Departments or In-charge of Sections of the establishment, e.g. sales, purchase, material, personnel, marketing, finance etc., if any. (iii) Maximum ten workers representative nominated by the workers of the establishment as members of the said Committee. The said Committee shall have sufficient number of representatives of women worker, wherever women workers are employed. (3) The duties, functions and responsibilities of the said Committee are as follows :- (i) To survey the premises and to examine whether there is any accident prone spots in the premises or defects or hazardous object or hazards in the premises. (ii) To follow and pursue to get such spots, defects, objects or hazards rectified. (iii) To conduct health care or wellness camps once in a year in the organisation or establishment. (iv) To create awareness about any contagious disease or epidemics or any natural calamities or any calamities due to accident, fire, etc. (v) To conduct recreation, cultural, sports activities annually. (vi) To conduct social and educational awareness programmes like Swaccha Bharat Abhiyan, Tree Plantation, Family Welfare, Beti Bachao-Beti Padhao, etc. (vii) It shall be the duty and responsibility of the said Committee to organize above event with due care and diligence.

22. Cleanliness, lighting and ventilation.- Premises of every establishment shall be kept clean and free from infection. It should have proper ventilation and lighting. No rubbish, filth or debris shall be allowed to accumulate or to remain on any premises or in an establishment or in the surroundings of such establishment in such position that effluvia therefrom can arise within the area of the establishment or its surroundings. 

23. Precautions against fire-.(1) Every employer shall take all the measures to protect the premises and the workers therein from the danger of fire. He shall adopt and implement all such measures as suggested, recommended or directed by the Fire Officer, Department of the Local Authority or Fire Brigade of that local area or any such authority. It shall be his duty to follow the norms and guidelines for protection against fire as per the provisions of any law for the time being in force or any direction or instruction issued by any Local Authority or any such authority wherein the establishment is situated. The employer shall produce, whenever demanded by the Facilitator, a copy of the order or instruction or guidelines, etc. issued by the Fire Officer of Local Authority or any such authority. (2) Every employer shall also adopt and implement all the safety measures mentioned, suggested and recommended in the Fire and Safety Policy as declared by the Government, from time to time. 24. First-aid appliances.- Every employer shall maintain such duly equipped first aid box in each establishment with the following first-aid appliances and medicine, namely:- (i) small, medium and large sterilized dressing in required numbers; (ii) large size sterilized burn dressing in required numbers; (iii) packets of sterilized cotton-wool in required numbers; (iv) pair of dressing scissors; (v) bottle containing solution of iodine or mercury-chrome; (vi) bottle containing solution of savolatine having the dose and mode of administration indicated on the label; (vii) bottle containing potassium permanganate crystals; (viii) any antidote for burns; (ix) sufficient numbers of sanitary napkins for women worker, wherever applicable.

25. Latrines and urinals.- Every employer either individually or group of employers shall provide and maintain a common, neat and clean urinal and latrines facility with supply of antibacterial liquid soap for men and women worker separately in such sufficient numbers. It shall be well ventilated with exhaust fan and lighted and safe for use of women worker in particular. It should have a proper provision of water supply and flushing of waste. 

26. Maintenance of registers and records.- (1) The employer shall maintain a Muster-Roll cum Wages Register in Form ‘Q’:

Provided that, where any employer or manager maintains a Muster Roll-cum-Wages Register under sub-rule (1) of rule 27 of the Maharashtra Minimum Wages Rules, 1963 framed under the Minimum Wages Act, 1948 (XI of 1948), it shall not be necessary for him to maintain Muster Roll-cum-Wages Register as per the provisions of this sub rule (1). (2) Every entry in the register or records requires to be maintained under these rules shall be authenticated digitally or manually by the employer or the manager or any person so authorised by him. The entries relating to overtime shall be made immediately after completion of such overtime work. In case both the employer and the manager are absent on any day, the entries shall be authenticated by such person as may be authorised in writing by the employer. (3) Every register, record and notice required to be maintained, exhibited or given under these rules shall be either in Marathi or in English language. (4) Every employer or manager shall preserve the inspection records of the Facilitator for a period of three years and shall produce the same whenever demanded by the Facilitator. (5) Where an office, store-room, go down, warehouse, or work place used in connection with the trade and business of an establishment is situated at the premises other than the premises of such establishment, all such registers, records and muster-rolls required to be maintained under the Act and these rules may be separately so maintained in respect of such office, store-room, godown, warehouse or work place, etc. 

27. Annual Return.- Every employer shall online upload the Annual Return in Form ‘R’ on the website within two months for the year ending on 31st December. A print copy of the same may be furnished as and when demanded by the Facilitator.

28. Supervision of State Government over Local Authority.-(1) If the Local Authority to whom the duty of enforcing the provisions of the Act is delegated under section 27 of the Act makes default in the performance of any duty imposed by or under the Act, the State Government may, appoint appropriate person to perform it and may direct that the expenses of the person so appointed to perform the duty, shall be paid forthwith by the Local Authority. (2) The Chief Facilitator shall review the performance of such Local Authority periodically. (3) Every such Local Authority shall submit a report to the Chief Facilitator in such form as instructed by him. 

29. Qualification of Facilitator.-A person shall hold at least a degree of any recognised University or an equivalent qualification, for being qualified to be appointed as a Facilitator. 

30. Duties and powers of Facilitator.-(1)The Facilitator shall make such examination as may appear to him to be necessary for the purpose of satisfying himself that the provisions of the Act and rules made thereunder and any orders issued by the Government or the Local Authority under the Act and rules made thereunder are duly observed. (2) He shall maintain a monthly diary as per the instructions of the Chief Facilitator and submit it to such officer as directed by the Chief Facilitator as per office order. (3) It shall be his duty to serve all the notices and orders as per the Act to the concerned persons issued by the Compounding Officer. (4) It shall be his duty to carry out inspection as per the online randomisation inspection system or any other system for the time being in force in the office of the Chief Facilitator. (5) It shall be the duty of each Facilitator to maintain court cases register independently and the register of cases referred to the Compounding Authority as per the instruction of the Chief Facilitator. (6) It shall be the duty of the Facilitator to advise the employer so as to comply with the irregularities pointed out by him in his inspection memo. It shall also be his duty to guide the workers in an establishment about their rights under the Act and the remedies available to them. (7) It shall be his duty to confirm that the defaulting employer has paid the fees as per the direction of the Compounding Officer and shall verify whether the amount is deposited in the local area treasury office. 

31. Application for Compounding of Offence.- (1) Every application for compounding of an offence shall be in Form ‘S’. (2) The Compounding Officer shall maintain a proper Rojnama of all the cases heard by him. (3) The Compounding Officer notified under section 

33(1) of the Act, shall hold sittings in each district or in such a place in the local area regularly as per the work load or the matter referred to it. 

32. Procedure for Compounding of Offence.-(1) The Compounding Officer on receipt of an application shall examine all the documents, the nature of breaches of the Act and rules made thereunder and shall pass a detailed order within working seven days from receipt of application. The Compounding Officer while determining the amount of compounding fees shall have regard to the seriousness of breaches, nature of an offence and evidence on record. The Compounding Officer shall on receipt of the compounding fees make the order for deposit of compounding fees and after deposit of such amount, the offence shall be compounded and the Compounding Officer shall make necessary entries in a register kept for that purpose. (2) An order passed by the Compounding Officer shall be forwarded to the concerned local Facilitator for serving the same to the defaulting employer within seven working days. (3) The maximum fees for compounding of offence may be imposed by the Compounding Officer shall not be less than fifty per cent. of the maximum fine specified for such offence under the Act. (4) In calculating the period for filling of prosecution under section 32, the time period taken for compounding of offence shall be excluded. 33. Intimation of persons discharging managerial function.-Every employer registered under section 6, shall inform to the Facilitator in Form ‘T’ the names and designation and brief nature of duties of such persons who are discharging managerial function. The information in Form “T” shall be submitted annually and whenever there is any change, during the year.

34. Intimation of persons doing confidential work.-Every employer shall inform in Form ‘U’ the names of such persons who are occupying position of confidential character in an establishment. However, the number of such persons shall not be more than one per cent. of the total strength of workers of the establishment subject to a maximum of fifty persons. The information in Form “U” shall be submitted annually and whenever there is any change, during the year. 

35. Name Board to be in Marathi.-The Name Board of every establishment shall be in Marathi language in Devnagari Script and shall essentially be written in the beginning: Provided that, the employer may also have the Name Board in any other language and script in addition to Marathi in Devnagari Script. Provided further that, the font size of Name Board in Marathi shall not be less than that of the Name Board in any other language: Provided also that, no establishment where liquor is served or sold shall have a Name Board in the name of legends or fort. 

36. Cancellation of registration certificate.- Where the Facilitator proposes to take action under section 8 of the Act for cancellation of registration he shall, - (i) by a notice require the employer to submit his say as to why the registration shall not be cancelled; (ii) if, within ten days from the date of the receipt of the notice, the employer fails to submit his say alongwith relevant documents, the Facilitator may cancel the registration. If within the period of ten days, the employer submits his say along with all relevant documents the Facilitator may, after considering the say and the documents either withdraw the notice or cancel the registration as he may deem fit