Labour Licence Application Is Rejected On No Ground

Dear Seniors,

Our application for a Labour Licence has been rejected by the Labour Department. The reason given was incomplete application. Kindly guide me on what steps to take. My management is blaming me, stating that I did not complete the job.

Upon consulting with a friend, he mentioned that I need to visit the Labour Department to meet their requirements, as this is a common practice. However, our company is unwilling to agree to this. Your advice on this matter would be greatly appreciated.

Thank you.

Dear,

You have to provide clarity on your query. Which labor license have you applied for under the contract act? Have you completed registration before applying for a labor license under the contract act?

Thank you.

Dear,

You must have attached the following listed documents for obtaining a Labour License. The list of documents is applicable for Gujarat. You should attach the documents as per your State norms.

1. Application Form in Triplicate
2. Form No. V in original from the Principal Employer
3. Security Deposit challan in original
4. License Fee challan in original
5. List of workers in case work still to undertake OR Attendance Register for the current month in case work already in process
6. Undertaking for deploying 85% State laborers
7. Copy of Work Order issued by the Principal Employer
8. P.F. Registration copy
9. E.S.I. Registration/W.C. policy
10. PAN CARD copy

The above documents are required to upload in Gujarat State since now the application is to be submitted online in our State. Though it is an online process, we have to visit the respective Labour office. This is a common practice in every State.

A. Prakash

Dear Anonymous Friend,

It is a very sad thing that your application has been rejected through no fault of your own, and you are being blamed by your company. I have experienced a similar situation where the management terminated my employment and resolved the issue with a government officer.

While NAMO aims to keep his departments corruption-free, achieving this goal may not be entirely possible.

Your inquiry pertains to the Maharashtra Government Labour Department. The government has taken commendable steps to reduce harassment and corruption within the department by implementing online applications for registration, licensing, renewals, etc. This initiative eliminates the need to physically visit the department for these documents. However, these improvements exist only on paper and are not effectively implemented.

If you submit a query under the Right to Information (RTI) Act, you will likely discover that over 75% of applications are rejected by the department without valid reasons.

In practice, applications are often approved only after personal visits to the department and meeting the demands of the officers, a common practice known to all.

The question that arises is, who is accountable for this situation? The government has taken steps to reduce the need for personal visits to the department, yet the existing reality contradicts this intent.

In case of application rejection, you are required to resubmit it with corrections within sixty days or file an appeal. Remember, the government is your government, chosen by you. You have the right to present your case if you face harassment by any officer appointed by the government, supported by facts and figures.

I hope this response addresses your query.

Dear Friends,

I have brought to the kind attention of the Government of Maharashtra this post on the Grievance Redressal Portal of the Government. This is done so that the Government will become aware of the practices in the Labour Department.

Dear all,

The query is not clear on which license is rejected, whether it falls under the Contract Labour Act or the Factories Act. Many are sharing their views on presumptions.

Regarding online registrations, it is possible that the applicant has not uploaded the required documents; otherwise, it would not be easy to reject the correct application.

P. K. Sharma

Dear Friends,

Yes, I made a mistake in presuming the query pertained to Maharashtra. However, I faced a similar problem in Maharashtra. I have seen cases in Maharashtra where there is no shortfall in the applications submitted, yet they are rejected. That's why in my earlier post, I mentioned that if you ask a question under RTI, I am sure you will find out that more than 75% of applications are rejected by the department without any valid reason.

When the queriest mentioned Labour Licence, it refers to a license under CLRA and not under the Factory Act or any other Act. It is not important which license was rejected in this context.

I hope the readers, including those who participated in this thread, will understand why I have provided this explanation.

It appears that you have not done your homework properly. The rejection of your application is on the ground of "incomplete application," meaning you have left some mandatory columns blank such as the name of the manager, the address of the Principal employer, etc. Please keep a careful eye on the monitor while saving the application, as the discrepancy in the application is pointed out. Just try once again by filling all necessary columns, and it will be a hit.

My dear friend Kishor ji,

One cannot submit the application form incomplete. Even if the uploads of documents are not in order, the application is not complete, and the same cannot be submitted.

Nowadays, I try to refrain myself from participating on this site. I feel it is bad when a person like you, who is a Law Practitioner, does not understand my posts and tells me that I have not done my homework properly.

For your information, I have trained many people on how to submit applications online. I always engage in such activities. Even when PF and ESI were rolled out in IT, many consultants and HR professionals had taken training from me.

I have a doubt whether anyone on this site, like you, will understand and appreciate my caliber even if I ask them to go through my various posts here covering every dimension of HR & Labour Laws, except for very few like Sarvashri Umakantji, Sai Kumarji, Divekarji, Raj Kumar Hansdahji, Madhuji, Bhaskarji, Harsh Kumarji. No doubt, I have received 2054 appreciations out of my 2282 posts. I did not want to mention all this, and there is no point in discussing it here.

Dear Korgaonkarji,

My post was not addressed to you, but it was to the starter. When I was writing my post, your posts were not even before me. Actually, I have posted earlier, but my post was published just after your posts. So, it looks as if I have replied to you. So, please do not misunderstand me.

It is true that the application and all documents must be complete; otherwise, it will not go for the payment option. But there are bugs in the online filling process by which one can fool the system. So, it looks like the application is complete, but during physical scrutiny, errors are found.

The rejection status remark is too short to understand for the applicant. They must elaborate on the errors. Merely saying "incomplete application" does not help the applicant to solve the issue.