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Notice under Shops and Establishment Act

Are you running a business in Karnataka? Beware! You may find an unsolicited guest at your doorstep! The Labour Inspector! Some of our clients had ‘nice time’ with them in the recent past! Why they will come? What they will ask for? What Notice they can issue?

About the Notice from labour inspector –

When an establishment obtained Registration under Karnataka Shops and establishment Act, such establishment is expected to maintain a Register Prescribed under the Act and is required to file Annual Return. It is said in our profession that the Labour Inspector would inspect the premises at least once during the life time of the Shops or establishment. If you do not follow the prescribed provisions, you would be served with a Notice from the Department.

Which are the Registers or Document to be maintained by the Establishment?

  1. Leave with Wages Register in Form “F”
  2. Leave with wages Book of the Persons Employed in Form “H”
  3. Holiday list in Form “P”
  4. Extract of the Act to be exhibited in the Premises of the Establishment
  5. Appointment Order in Form “Q”
  6. Combined Muster Roll-Cum-Register Wages in Form “T”
  7. Annual Return to be filed in Form “U” within 31st January of every Year
  8. Inspector Visit book
  9. Name Board of the Establishment to be published in Kannada Language.
  10. Form U as per Payment of Wages Act and Minimum Wages Act.
  11. Form D under Payment of Bonus Act.
  12. Form A and Form F under The Payment of Gratuity Act.
  13. Form D under Equal Remuneration Act.
  14. Form D under Labour Welfare Fund. ( Applicable when number of employees more than 50).

Most of the above Register or documents can be maintained in Excel format. Even few of the registers can be downloaded from software’s used for a Payroll Processing. It is advisable to intimate a Labour Department about maintaining a Document in a Soft copy.

How to Reply to the Notice?

Whenever Notice is served, establishment can submit the required Register and Records to the Inspector for his satisfaction. If establishment intends to refuse to accept the notice and fight against it, application to the higher Authorities can be filed.

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About CS Vighneshwar Bhat