Draft Letter To Joint Commissioner Of Labour
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Dear Sir,I would like to know if a DLC can determine whether a person is a workman or a supervisor?Thanks and Regards,Yogesh Kumar Guptayogesh.gupta054@gmail.com
Dear sir,Yes, now it is a running factory. However, they are demanding cess for the construction value at the time (2009). If we undertake an expansion project, would building cess be applicable or not?Ramu
This is Ramu working in the manufacturing industry (Cement). My query is that we have received notices from the Joint Commissioner of Labor to pay building cess on the construction value. The BOCW Act is not applicable to the Factories Act as well as the Mines A...
Hi Ramu,The labor department is correct. Before the commencement of the manufacturing process, the BOCW Act is applicable. You need to pay cess on the total cost of construction activity. I think it includes machinery costs as well.The Chattisgarh High Court rec...
Government Of Andhra Pradesh & … vs Lakamsani Samba Siva Rao & Others on 6 August, 2015.The Hon. Acting Chief Justice Shri.Dilip Bhosale and Hon.Justice S.V.BhatW.A.Nos.1012 OF 2013 and batchPlease go through the judgement. Even expansion of work within working ...
Thank you very much, sir, for your advice.
Mr. Mohanty has given the correct opinion. Apart from Greenfield, it is applicable to running factories as written above.Some additional information: The Act has been made effective retrospectively. Although the act was established a long time ago, rules were no...
On which date was the construction of the plant started and on which date did it end? Any greenfield construction falls under the B&OCW Act, and the cess levied for that period is justified.The date on which the factory obtained a license for commercial producti...
Dear Friend,On the basis of your posting, it is difficult to provide any opinion. Please consider the following points to assess your case:1\. Is your establishment currently operating as a factory?2\. Have you undertaken any expansion at a later date?If your es...
Dear Praveen Bhosale ji,Greetings and thanks for quoting the case of Chattisgarh High Court which I came to know from your post. I need to study this case law. However, what I recollect now and I have made comments somewhere on Lanco Anpara Power Ltd Vs State of...