Misbehavior by Employment Officer
Dear Members,
The Federation and its constituent Association were receiving frequent complaints from various industrial establishments that, Shri P.R.Tripathi, Employment Officer, is calling industries in his office and shouting badly, terrorizing, threatening and using abusive words.
The matter reached the height, when yesterday; he called entire industries as “Chor”. The matter was reported to the Federation and an emergency meeting was convened today morning. Thereafter, a delegation of the Federation went to the Secretariat. Since, the Administrator was away, the delegation met Shri J. B. Singh, the Development Commissioner, and, Shri J. P. Agarwal, Secretary (Labour & Employment), and apprised them of the indecent behavior of Shri Tripathi.
Both the officers have assured that, they will do the needful to control & correct the situation.
Shri Agarwal, assured to pass an instruction to Shri Tripathi, not to call industry personally to meet him.
A PDF file containing the representation submitted to the Administration, complaint made by the concerned industry are attached for ready reference of the members.
The Matter
The whole issue is for Form ER-I, which is a quarterly return and Form ER-II, which is a biannual return under the Employment Exchange (Compulsory Notification of Vacancies), Act 1959, read with rules of 1960, made thereunder.
The Employment Officer is threatening industries, that, they are not submitting ER-I & ER-II, since, their inception and he will get them penalized by 20% of the sales turnover/ production value. He says that, he would get immediately the HR department locked by seizing the records and put vigilance enquiry on them.
The Law Position
The law provides that, those who do not submit these returns, can be punished with the maximum fine of Rs. 500/-
Counts are barred under sec 468 of Cr. P. C from taking cognizance of such offence, if, older than six months.
It means non submission of any return, which was due prior to six months, is not a punishable offence now and no prosecution can be launched to get the establishment punished, even with the fine.
Caution
Industries may receive notices from the said Officer. It is suggested that, such notices, be answered logically under Registered AD. No need to submit personally.
The Officer may call the representative of industry through phone to his office. It is suggested that, since, the said Act does not give any power to the Employment Officer to call any person before him through telephonic message; industry should politely decline to visit his office, saying that, it is under the advice of this Association for not visiting Employment Exchange for the purpose of returns.
In case, the Officer depute any inspecting team to the industry, the visiting team should be courteously received, but, no records should be produced before them, unless the team members demonstrate their identity cards, authorization notification to inspect the records.
If, team wants to take away some records, insist on seizure memo with one independent witness and hand over the records only after keeping xerox copies. If, team is visiting without prior notice and notice does not contain the details of records and period of records, please decline the production of records before the team.
Employment Officer can inspect and verify records, pertaining to only employment details, recruitment, selection and appointment. They have no business to see any other records, unless there is a cognizable link.
Members are requested to be in contact with their Association, if, any further harassment is done by the said Officer.
This is the time to demonstrate solidarity and unity of the industry.
For, Federation of Industries Association,
Dr. R. Shelke
General Secretary
