|
|
Procedure followed in decision-making process [Section 4(1)(b)(iii)] |
|
|
|
| 1. |
DISPOSAL OF COMPLAINTS: - |
|
|
|
|
|
| (a)
|
Complaints of violation of labour laws are received in district offices of Labour Department by ALC/LO.After preliminary examination and verification, the complaint is marked/assigned to the Labour Inspector for investigation and to make efforts |
| (b)
|
The said complaint is entered by area inspector in the complaint register maintained in each district on the day it is received |
| (c)
|
Concerned area inspector conducts inspection of the said establishment and submits his findings/inspection report in the office. |
| (d)
|
ALC of the districts examines the inspection report and wherever the defaulting management fails to produce statutory records at the time of inspection to labour inspector, challan is filed against such managements/employers under the provisions of relevant Laws by the Labour Inspector in the Court of Metropolitan Magistrate. The complainant Worker/ Union is also intimated about the action taken on his complaint | |
| |
|
| 2.
|
DISPOSAL OF CASES FILED UNDER ID ACT.1947. |
| |
|
|
|
| (a)
|
Individual termination cases of workers are received directly by ALC/LO in the district, wherein preliminary enquiries held and efforts are made to resolve the dispute by conducting informal discussion with the concerned management. In case it is not resolved, the concerned workman is issued an advisory letter to file a claim directly in Labour Court for expeditious disposal of his claim of termination of services through adjudication machinery. This is completed within one-month timeframe |
| (b)
|
In other claims pertaining to disputes regarding general demands, bonus, termination of services of number of workers, regularization of service etc. etc. and individual termination cases where workman prefers to file his claim before Conciliation Officer instead of directly filing his claim before Labour Court, in all above matters three copies of claim are filed by workman directly or through his authorized and registered trade union before the Conciliation Officer i.e. ALC/LO |
| (c)
|
ALC/LO on receipt of the claim fix the date of hearing on the same day and conciliation notice, duly signed by Conciliation Officer is sent to management along with copy of the claim intimating the date of hearing. By and large 15 days time is given to the management for filing their reply to the claim. |
| (d)
|
On scheduled date of hearing both the parties appear before the Conciliation Officer, in case reply is filed by the management, copy of the same is supplied/given to the workman/union representative and further date of approximately 15 days is given to workman/union to file their rejoinder if any. During this process of conciliation proceedings efforts are made to induce both the parties to settle/resolve the dispute. |
| (e)
|
In case the dispute/case is not resolved, a failure report under Section-12 (4) of Industrial Disputes Act. 1947 is submitted by Conciliation Officer to Deputy Labour Commissioner with the recommendation to refer the dispute to Labour Court/Industrial Tribunal with proposed terms of reference which is based on contentions of both the parties. This process is by and large completed within three months of receipt of the claim. |
| (f)
|
In case the management fails to appear in conciliation proceedings on scheduled dates so fixed by Conciliation Officer, the proceedings are carried out ex-parte against the management and the dispute is referred to Labour Court/IT as the case may be, by the Deputy Labour Commissioner for adjudication. |
| (g)
|
Reference order is sent to both the parties for intimation. This process is completed within three months | |
| |
|
| 3.
|
DISPOSAL OF COMPLAINTS PERTAINING TO UNFAIR LABOUR PRACTICE AND COMPLAINTS UNDER SECTION-2(r) (a) AND SECTION -29 OF ID ACT. 1947. |
| |
|
|
|
| (a)
|
Complaints received are examined and investigated by ALC/LO and due opportunities are afforded to both the parties to submit their contentions |
| (b)
|
In case the management fails to appear, a show-cause notice giving 15 days time is afforded to management and the reply if any filed by the management is taken on record, copy of the same is given to the workman/union for their comments |
| (c)
|
After hearing both the parties in detail and after examining their contentions and arguments, the discussions are concluded to enable the officer to send the report in the matter |
| (d)
|
In case the union/workman is able to establish his case against the management a proposal for prosecution of the management is submitted to appropriate government/Labour Commissioner through District Under Secretary/DLC and JLC setting out details and reasons for prosecution |
| (e)
|
Secretary (Labour) on receipt of prosecution proposal examines the same and after granting approval the file is further submitted for approval of Chief Secretary and Lt. Governor. |
| (f)
|
After grant of approval for prosecution by Lt. Governor, prosecution against the defaulting management is filed in the Court of Metropolitan Magistrate by authorized officer of the Labour Department. This process is generally completed within four months from the date of receipt of the complaint and the complainant is duly informed about the same | |
| 4.
|
DISPOSAL OF CLAIMS FILED UNDER PAYMENT OF GRATUITY ACT 1972 AND APPEAL (QUASI- JUDICIAL PROCEEDINGS). |
|
|
| (a)
|
Claims regarding non-payment of gratuity dues are directly filed before controlling authority under Payment of Gratuity Act i.e. ALC/LO by the claimant. |
| (b)
|
On receipt of claim, notice for appearance before controlling authority is sent to management by controlling officer and after due opportunity and hearing of both the parties necessary orders are passed by Controlling Officer within one year or so from the date of receipt of claim. |
| (c)
|
In case aggrieved party prefers to file an appeal against the order of Controlling Officer the same is filed before appellate authority/DLC by the appellate and the appellate authority after affording due opportunities to both the parties pass necessary orders, modifying the order of the Controlling Officer and or upholding the order of Controlling Officer. Appellate Authority by and large completes/issues necessary orders within six months from the date of filing of an appeal.
| |
| |
|
| 5. |
DISPOSAL OF CLAIMS FILED UNDER EMPLOYEES COMPENSATION ACT. 1923, DELHI SHOP AND ESTABLISHMENTS ACT 1954, MINIMUM WAGES ACT 1948 AND OTHER ACTS BEFORE DISTRICT DEPUTY LABOUR COMMISSIONER.
|
| |
|
|
|
| (a)
|
Under above mentioned Acts District Deputy Labour Commissioners perform quasi-judicial functions and are required to follow provisions of the above acts along with CPC while processing the claims. Efforts are made by Deputy Labour Commissioners for expeditious disposal of the claims. Necessary administrative directions have also been issued to all Deputy Labour Commissioners from time to time for speedier disposal of the claims.< |
| (b)
|
Issue of licence and Registration Certificate under Contract Labour Act.1970 is issued by Deputy Labour Commissioners of the District within 15-20days of receipt of application. |
| (c)
|
Certification of draft standing order is done by District Deputy Labour Commissioners within 4-6 months from the date of receipt of draft standing order under intimation to management/union/worker representative | |
| |
|
| 6.
|
DISPOSAL AND IMPLEMENTATION OF AWARDS OF LABOUR COURT/IT. |
| |
|
|
|
This portion is being updated in view of amendments in the Industrial Disputes Act. |
| |
|
| 7.
|
PROCEDURE FOR REGISTRATION OF THE UNION UNDER TRADE UNION ACT. 1926. |
| |
|
|
|
| (a)
|
Application for registration of a trade union is received in the concerned district based on the address of establishment or address of office of Trade Union and after examination and verification of facts as per the provisions of Trade Union Act. 1926, the applicant union is granted a Registration Certificate by Deputy Labour Commissioner/Deputy Registrar, Trade Union |
| (b)
|
Mandatory annual returns under Trade Union Act. 1926 are also received and examined by concerned district and any dispute/issue regarding registration/re-registration is processed by Deputy Labour Commissioner/Deputy Registrar,Trade Union of the district | |
|
|
| Note: -
|
Procedure and norms of disposal in respect of CIF, Boiler Inspectorate, Electrical Inspectorate, Account Section, Planning and Statistical Section, has to be prepared by respective Branch Incharges. | |
| |
|
|
|
FACTORY SECTION
|
| |
|
|
|
The procedure followed in decision making process in factories Inspectorate of Labour Department of GNCTD is given below. The process of Investigation of complaint through Departmental & Field Investigation is given in the form of Flow Chart here as under: - |
|
|
Flow Process Chart for Inspection Report
|
|
|
| Sl.No.
|
Activity
|
Level of action
|
Time Frame
|
| 1.
|
To receive application and put a diary number |
Diary |
Same day
|
| 2.
|
To send the papers to CIF for perusal and further necessary action.
|
Dealing Assistant
|
-do-
|
| 3.
|
To mark the papers to concerned Dy. CIF for investigation/retrieval of desired information from the concerned Inspector/Dealing Assistant
|
CIF
|
1 day
|
| 4.
|
To mark the papers to concerned Inspector/Dealing Assistant
|
Inspector of Factories
|
1 day
|
| 5.
|
To visit factory premises mentioned in the complaint by the applicant for verification of the facts |
Inspector of Factories
|
7days
|
| 6.
|
To verify facts from the office records and submission of desired report |
Dealing Assistant
|
2 days
|
| 7.
|
To prepare report and submit to Dy. CIF/CIF |
Inspector/Dealing Assistant
|
2 days
|
| 8.
|
To approve report/ reply to the application |
Dy. CIF/CIF
|
1 day
|
| 9.
|
To prepare Report on the information sought and submit to State Public Information Officer |
Dealing Assistant/CIF/State Public Information Officer
|
1 day
|
| 10.
|
Approval of the report by State Public Information Officer and delivering the same to the applicant
|
Dispatch Clerk
|
1 day
| |
|
|
|
|
|
Electrical Section |
|
|
|
|
|
FLOW PROCES CHART FOR ISSUE OF CERTIFICATE OF COMPETENCY CLASS - I |
|
|
| SL
|
ACTIVITY
|
LEVEL OF ACTION
|
TIME FRAMED
|
| 01
|
Declaration of result after Board Meeting |
Secretary (BOE)
|
1 day
|
| 02
|
Preparation of licenses to all the successful candidates having Degree/Diploma and entry in the respective record register. |
Dealing Clerk
|
2-3 weeks
|
| 03
|
Submission of file to Chairman/Secretary for Approval & signature |
EI/AEI (Chairman/ Secretary)
|
07 days
|
| 04
|
Issue of Licence |
Dealing clerk
|
01 day
| |
|
|
FLOW PROCESS CHART FOR ISSUE OF CERTIFICATE OF COMPETENCY CLASS -II
|
| |
|
|
|
| SL |
ACTIVITY |
LEVEL OF ACTION
|
TIME FRAMED |
| 01
|
To receive application and put a diary number
|
Dealing Clerk
|
Same day
|
| 02
|
Preparation of letter to respective ITI for verification of Particulars |
Dealing Clerk
|
1 day
|
| 03
|
Submission of file to Secretary (Board of Examiners) for approval and signature |
Secretary (BOE)
|
1 day
|
| 04
|
Receipt and reply from respective ITI |
Diary Clerk
|
2-3 weeks
|
| 05
|
Preparation of licence and Submit to Chairman /Secretary (BOE) for approval and signature On the licence
|
EI/AEI (Chairman/ Secretary)
|
04 days
|
| 06
|
Issue of Licence |
Dealing clerk
|
01 day
| |
|
|
|
|
|
FLOW PROCESS CHART FOR RENEWAL OF CERTIFICATE OF COMPETENCY CLASS-I/II |
| |
|
|
|
| SL
|
ACTIVITY
|
LEVEL OF ACTION
|
TIME FRAMED
|
| 01
|
Receipt of duly filled application form for renewal along with prescribed fee receipt and put a diary number
|
Dealing Clerk
|
Same day
|
| 02
|
Marking of file to respective dealing clerk |
Secretary (BOE)
|
1 day
|
| 03
|
Taking out file from the record section and placing renewal form and their entry in the file and respective record register
|
Dealing Clerk
|
7 days
|
| 04
|
Approval and signature on the licence and file by the Secretary (Board of Examiners) |
Secretary
|
1 day
|
| 05
|
Issue of renewed Class-I/II licenses |
Dealing Clerk
|
1 day
| |
| |
|
|
|
FLOW PROCESS CHART FOR ISSUE OF ELECTRICAL CONTRACTOR'S LICENCE |
| |
|
|
|
| SL
|
ACTIVITY
|
LEVEL OF ACTION
|
TIME FRAMED
|
| 01
|
Declaration of list of Contractor those have been accorded approval by the Board of Examiners
|
Dealing Clerk
|
Same day
|
| 02
|
Issue of Demand Letter asking them to deposit licence fee in the prescribed treasury challan
|
Dealing Clerk
|
One week
|
| 03
|
Submission of file to Secretary (Board of Examiners) for obtaining signature on demand letters
|
Secretary (BOE)
|
3 days
|
| 04
|
Receipt of fees and placing it in the concerned files
|
Dealing Clerk
|
1 day
|
| 05
|
Preparation of licenses and other relevant papers for issue of licence |
Dealing Clerk
|
1 week
|
| 06
|
Submission of file to Secretary/Chairman (BOE) for approval and signature |
Secretary (BOE)
|
1 week
|
| 07
|
Issue of licenses |
Dealing Clerk
|
As and when applicant along with his supervisior will come to office for signing on the Linces - same day
| |
| |
|
|
|
FLOW PROCESS CHART FOR RENEWAL OF ELECTRICAL CONTRACTOR LICENCE |
| |
|
|
|
| SL
|
ACTIVITY
|
LEVEL OF ACTION
|
TIME FRAMED
|
| 01
|
Receipt of duly filled application form 'J' for renewal along with prescribed fee receipt and put a diary number
|
Dealing Clerk
|
Same
|
| 02
|
Marking of file to respective dealing clerk |
Secretary (BOE)
|
1 day
|
| 03
|
Taking out file from the record section and placing renewal form etc. and their entry in the file and respective record register |
Dealing Clerk
|
7 days
|
| 04
|
Approval and signature on the licence and file by the Secretary (BOE) |
Secretary (BOE)
|
1 day
|
| 05
|
Issue of renewed Contractor licence |
Dealing Clerk
|
1 day
| |
| |
|
|
|
FLOW PROCESS CHART FOR APPROVAL OF ELECTRICAL INSTALLATION |
| |
|
|
|
| SL
|
ACTIVITY
|
LEVEL OF ACTION
|
TIME FRAMED
|
| 01
|
Receipt of relevant form and application inspection fees.
|
Dealing Clerk
|
Same day
|
| 02
|
Scrutinizing technical details, lay out plans, test reports etc.
|
EI/AEI
|
1 week
|
| 03
|
Marking of files to concerned field staff |
EI
|
3 days
|
| 04
|
Inspection by field staff |
EI/AEI/EO
|
1 week
|
| 05
|
Preparation of report and submission to higher officer for signatures |
AEI/EO
|
1 day
|
| 06
|
Issue of NOC for notice of the application |
Dealing Clerk
|
1 day
| |
| |
|
|
|
FLOW PROCESS CHART FOR APPROVAL OF PASSENGER LIFTS & GRANT OF ERECTION PERMISSION |
| |
|
|
|
| SL
|
ACTIVITY
|
LEVEL OF ACTION
|
TIME FRAMED
|
| 01
|
Receipt of relevant application form and lift plan & put a diary number
|
Dealing Clerk
|
Same day
|
| 02
|
Preparation of file. |
Diary Clerk
|
1 day
|
| 03
|
Handing over the file to concerned inspecting field staff & inspection by the field staff |
AEI/EI
|
15 days
|
| 04
|
Preparation of report and submission to higher officer for signature |
AEI
|
3 days
|
| 05
|
Issue of Erection Permission letter |
Dealing Clerk
|
1 day
| |
| |
|
|
|
FLOW PROCESS CHART FOR GRANT OF LICENCE FOR WORKING OF PASSENGER LIFTS |
| |
|
|
|
| SL
|
ACTIVITY
|
LEVEL OF ACTION
|
TIME FRAMED
|
| 01
|
To receive application and put a diary number
|
Diary Clerk
|
Same day
|
| 02
|
To mark application to concerned clerk |
Dealing Clerk
|
1 day
|
| 03
|
To handing over file to concerned field staff and inspection by the field staff |
AEI/EI
|
15 days
|
| 04
|
To prepare report and submit to higher Officer |
AEI/EO
|
03 day
|
| 05
|
To approve the report |
AEI/EI
|
01 day
|
| 06
|
Issue of the licence or notice |
Desp. Clerk
|
01 day
| |
| |
|
|
|
BOILER SECTION |
|
|
|
|
|
INSPECTION OF THE BOILER |
| |
|
|
|
| S.No.
|
Level of Activity
|
Level of Action
|
Time Frame
|
| 1.
|
To receive Application & put a Diary No.
|
Counter Clerk
|
Same Day
|
| 2.
|
To issue a Treasury Challan, for depositing Registration Fees of the Boiler. |
Dealing Assistant
|
Same Day
|
| 3.
|
To receive the 3rd copy of Treasury Challan & issue a Diary No. |
Counter Clerk
|
Same Day
|
| 4.
|
To Put up to the Inspector for fixing the Inspection Date and gap of 15 days is required between the date on which inspection was finished & date of Inspections
|
Counter Clerk
|
15 Days
|
| 5.
|
To carry out the Inspection of Boiler on Pre-fixed Date |
Inspector
|
Same Day
|
| 6.
|
To prepare Certificate of the Boiler & Put up to CIB |
Inspector
|
2-3 Days
|
| 7.
|
Issue of Certificate
|
Counter Clerk
|
Same Day
| |
|
|
Note:- If the Boiler isn’t found satisfactory during Inspection, the Boiler Owner is asked to get the Boiler repaired as per the procedure laid under IBR-1950 & deposit another Inspection Fees in the Govt. Treasury for re-Inspection of Boiler after repairs. On receipt of the report of the Completion repairs & the Treasury Challan, the above procedure is repeated for the Certification of the Boiler . |
| |
|
|
|
REGISTRATION OF THE BOILER |
| |
|
|
|
| S.No.
|
Level of Activity
|
Level of Action
|
Time Frame
|
| 1.
|
To receive Application & put a Diary No. |
Counter Clerk
|
Same Day
|
| 2.
|
To issue a Treasury Challan, for depositing Registration Fees of the Boiler & Steam Pipe-Line (SPL), Feed Pipe-Line (FPL) & Blow-Down Pipe-Line (BDL) & declaration of the Boiler Owner.
|
Dealing Assistant
|
Same Day
|
| 3.
|
To receive Manufacturing Folder of the Boiler |
Dealing Assistant
|
Same Day
|
| 4.
|
To receive the 3rd copy of Treasury Challan, for Registration Fees of the Boiler & receipt of the layouts of Steam Pipe-Line (SPL), Feed Pipe-Line (FPL) & Blow-Down Pipe-Line (BDL).
|
Dealing Assistant
|
Same Day
|
| 5.
|
Approval of Layouts |
CIB
|
2-3Days
|
| 6.
|
Permission for carrying out welding at site for laying Steam Pipe-Line (SPL), Feed Pipe-Line (FPL) & Blow-Down Pipe-Line (BDL)
|
CIB
|
2-3Days
|
| 7.
|
Inspection of Boiler & Steam Pipe-Line (SPL), Feed Pipe-Line (FPL) & Blow-Down Pipe-Line (BDL) for Registration on Pre-fixed Date |
CIB
|
A gap of 15 days is kept after receipt of application
|
| 8.
|
Preparation of Memorandum Book & Registration Book of the Boiler.
|
CIB
|
6-7 Days
|
| 9.
|
Issue of the Provisional Order (P.O.) for the working of the Boiler. |
Dealing Assistant
|
Same Day
| |
| |
|
|
|
STEAM TEST OF THE BOILER |
| |
|
|
|
| S.No.
|
Level of Activity
|
Level of Action
|
Time Frame
|
| 1.
|
To receive Application & put a Diary No. |
Counter Clerk
|
Same Day
|
| 2.
|
to fix-up the Steam -Test of the Boiler |
Inspector
|
2-3 Days
|
| 3.
|
Steam-test of the Boiler on Pre-fixed Date |
Inspector
|
Same Day
|
| 4.
|
Preparation of Certificate & submission to CIB |
Inspector
|
2-3 Days
|
| 5.
|
Approval by the CIB |
CIB
|
2-3 Days
|
| 6.
|
Issue of the Certificate |
Dealing Assistant
|
Same Day
| |
| |
|
|
|
INSPECTION OF BOILER MOUNTINGS & FITTINGS |
| |
|
|
|
| S.No.
|
Level of Activity
|
Level of Action
|
Time Frame
|
| 1.
|
To receive Application & put a Diary No. |
Counter Clerk
|
Same Day
|
| 2.
|
To issue a Treasury Challan, for depositing Inspection Fees of the Boiler Mountings & Fittings. |
Dealing Assistant
|
Same Day
|
| 3.
|
To receive the 3rd copy of Treasury Challan, for Inspection Fees of the Boiler Mountings & Fittings
|
Dealing Assistant
|
Same Day
|
| 4.
|
Inspection of the Boiler Mountings & Fittings, on a Pre-Fixed Date |
CIB
|
Same Day
|
| 5.
|
Submission of the Certificates, in the prescribed forms, by the Manufacturer of Boiler Mountings & Fittings to the CIB Office |
Counter Clerk
|
Same Day
|
| 6.
|
Examining the Certificates, in the prescribed forms for Boiler Mountings & Fittings, as per IBR-1950 |
CIB
|
3-4 Days
|
| 7.
|
Issue of the Certificate |
Dealing Assistant
|
Same Day
| |
| |
|
|
|
CERTIFICATE OF HIGH - PRESSURE WELDERS |
| |
|
|
|
| S.No.
|
Level of Activity
|
Level of Action
|
Time Frame
|
| 1.
|
To receive Application & put a Diary No.
|
Counter Clerk
|
Same Day
|
| 2.
|
To issue a Treasury Challan for Welder examination
|
Dealing Assistant
|
Same Day
|
| 3.
|
To receive the 3rd copy of Treasury Challan, for welder examination |
Dealing Assistant
|
Same Day
|
| 4.
|
Examination the Welder on Pre-Fixed Date |
Inspector
|
Same Day
|
| 5.
|
To receive Test coupons of the Welded Joints |
Dealing Assistant
|
Same Day
|
| 6.
|
Sending the test Coupons to the Approved Laboratory for Testing |
CIB
|
Same Day
|
| 7.
|
Approval of the Test Results & Issuing the Certificate to the Welder |
CIB
|
6 Days
| |