What are the implications of being fined by JudicialMagistrate FC for violation of Sc 22 of Labour Rules

I run a security agency. Recently, I was fined Rs 500 for the violation of Rule 22 of labor law by the Judicial Magistrate First Class. What are the implications of this?

Dear Abhishek,

Every act has its own rules framed under it. In the case of Central Labor Acts like the Minimum Wages Act, 1948, which provides for simultaneous enforcement by both the Central and State Governments in their respective jurisdictions, there are separate State and Central Rules. Therefore, you should have specifically mentioned the rules under which you were fined by the Court.

Apart from that, though the fine is imposed by a Judicial Magistrate, he does so under the powers vested in him as a competent court to take cognizance of any offense complained of under the particular Labor Law only and not under any criminal law.

Just pay the fine amount and get discharged from the obligation. This is part of the game, but this will remain as a stricture.

The J.M.F.C. would have been fined for a violation of a certain act as per the complaint lodged by some Labor Inspectors. It would be useful if the member reveals the correct facts, i.e., fined for violating Acts such as F.A., S&C Estt. Act, MW, PW, S.O., etc., so that others can also take steps to rectify any defects.

It is better to comply with the deficiencies pointed out and take action to avoid making the same mistake in the future to prevent punishment for a repeat offense.

HR Consultant
Hospet, Bellary
20.2.2018
[Login to view]