Quality Bank Ltd. is a new private sector bank. It displayed some vacancies of Clerks, Supervisors and Managers in its website. In response to the advertisement the aspirants applied for the various posts according to th
CS Professional · Labour Laws and Practice · PYQS · December 2024
Quality Bank Ltd. is a new private sector bank. It displayed some vacancies of Clerks, Supervisors and Managers in its website. In response to the advertisement the aspirants applied for the various posts according to the required qualifications and experiences. Dinesh who applied for the post of clerk in the Bank got the job offer. Dinesh was given the appointment to join at its Barmer Branch. Since Dinesh was unemployed before joining this Bank, so he immediately joined without seeing the salary structure. After joining he realized that there is a big disparity between the salary structure of clerk and the officer. Dinesh was not getting the salary as per his expectation, so he made a complaint to the Government of Rajasthan against the Bank for exploitation of the clerical staff and not providing of adequate salary and requested for the revision of the salary under the Minimum Wages Act, 1948. Pragati also received an appointment letter on 10th July, 2024 from Quality Bank Ltd. She was offered appointment for the post of Assistant Manager and was to report joining at the Bank Branch situated at Johari Bazar, Jaipur on or before the 15th July, 2024. Pragati approached the Branch Manager and showed her appointment letter. After the necessary formalities she joined the Bank on 14th July, 2024. On 2nd October, 2024 Pragati applied for the maternity leave. The Branch Manager amazed to receive the leave application on the ground of maternity since at the time of joining on 14th July, 2024 Pragati's medical/fitness report was not showing any sign of pregnancy. Pragati then informed to the Branch Manager that she became mother of twin babies on 2nd October, 2024 through surrogacy and both the babies have been handed over to her on this date by the surrogated mother. However, the Branch Manager was not convinced with the plea of Pragati and he refused to grant the maternity leave. But Pragati proceeded on the maternity leave. The Branch Manager treated the leave availed by Pragati as absence on duty and accordingly deducted the wages and extended her probation period. Pragati's husband is a pilot in True Aviation Company (TAC). The TAC runs flights in India's air space and connects link between the capital cities and other major cities of India. Aviation companies in order to cut the cost are adopting various measures including the salary cut and reduction in wages. The TAC also adopted these measures and for the FY 2022-23 the company decided not to pay any bonus to the ground staff and air staff including the pilots. Based on the given facts, answer the following questions: Who is the Appropriate Government for the True Aviation Company (TAC) ?
Answer & Explanation:
In terms of Section 2(i) of the Payment of Wages Act, 1936 "appropriate Government" means, in relation to railways, air transport services, mines and oilfields, the Central Government and, in relation to all other cases, the State Government. Thus, as per the above definition, the Central Government is the Appropriate Government for the True Aviation Company (TAC). Alternate Answer In terms of Section 2(a) of The Industrial Disputes Act, 1947 "appropriate Government" means- in relation to any industrial dispute concerning any industry carried on by or under the authority of the Central Government, or by a railway company or concerning any such controlled industry as may be specified in this behalf by the Central Government or in relation to an industrial dispute concerning a Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948, or the Industrial Finance Corporation of India Limited formed and registered under the Companies Act, 1956, or the Employees' State Insurance Corporation established under section 3 of the Employees' State Insurance Act, 1948, or the Board of Trustees constituted under section 3A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948, or the Central Board of Trustees and the State Boards of Trustees constituted under section 5A and section 5B, respectively, of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, or the Life Insurance Corporation of India established under section 3 of the Life Insurance Corporation Act, 1956, or the Oil and Natural Gas Corporation Limited registered under the Companies Act, 1956, or the Deposit Insurance and Credit Guarantee Corporation established under section 3 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961, or the Central Warehousing Corporation established under section 3 of the Warehousing Corporations Act, 1962, or the Unit Trust of India established under section 3 of the Unit Trust of India Act, 1963, or the Food Corporation of India established under section 3 or a Board of Management established for two or more contiguous States under section 16 of the Food Corporations Act, 1964, or the Airports Authority of India constituted under section 3 of the Airports Authority of India Act, 1994, or a Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976, or the Export Credit and Guarantee Corporation Limited or the Industrial Reconstruction Bank of India the National Housing Bank established under section 3 of the National Housing Bank Act, 1987, or an air transport service, or a banking or an insurance company, a mine, an oilfield, a Cantonment Board, or a major port, any company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government, or any corporation, not being a corporation referred to in this clause, established by or under any law made by Parliament, or the Central public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the Central Government, the Central Government, and in relation to any other industrial dispute, including the State public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the State Government, the State Government: Provided that in case of a dispute between a contractor and the contract labour employed through the contractor in any industrial establishment where such dispute first arose, the appropriate Government shall be the Central Government or the State Government, as the case may be, which has control over such industrial establishment. Thus, as per the above definition, the Central Government is the Appropriate Government for the True Aviation Company (TAC).
Topics: Industrial Relations
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