Introduce amnesty scheme for cases under labour laws: Industry

Vijay C Roy

Chandigarh, December 10

With archaic laws acting as a stumbling block, the industry in the state has requested Chief Minister Bhagwant Mann to introduce amnesty scheme so that criminal cases can be withdrawn against employers under various labour laws, including the Factories Act, 1948, on the lines of the scheme introduced by the Centre for the Employee State Insurance Corporation (ESIC) and Employees Provident Fund (EPF).

There are more than 500 cases pending against industrialists in different trial courts.

The industry is of the view that since the new Labour Codes are going to be implemented soon with clauses removing penalties for minor violations, hence, amnesty scheme should be introduced.

Pending in various courts

About 500 criminal cases are still pending in various courts. Industrialists have been named as accused in the criminal cases and have to appear on every hearing before the Judicial Magistrates. —Puneet Gupta, Advocate

“There are innumerable criminal cases against the factory occupiers under various labour laws, including the Factories Act, 1948. About 500 criminal cases are still pending in various courts of the state. Industrialists have been named as accused in the criminal cases and have to appear on every hearing before the Judicial Magistrates,” said advocate Puneet Gupta.

According to Puneet, the factory owners should not be subjected to criminal trial for unintended violations. An imprisonment for unintended violation is too severe a consequence for the violations that do not involve mala fide intent. Rather, compounding of offences provision might be added as suitable to settle the cases, Puneet said.

“Since, the new Labour Codes are going to be implemented soon, we have requested the state government that the factory owners should be given a one-time opportunity to come clean and seamlessly shift from the old laws to the new labour codes by focusing more on implementing the new labour codes,” said Amit Thapar, chairman, CII Punjab State Council.

The industry is of the view that factory owners might be given an ‘improvement notice’ by the inspector to amend mistakes and improve the situation or default which the assessing officer had noticed.

Meanwhile, the CII team handed over the amnesty and out-of-court settlement scheme request to Labour Secretary Manvesh Singh Sidhu and Labour Comissioner TPS Phoolka.

The industrialists are of the view that if implemented, this would bring a big relief to the industry and help in projecting Punjab as a more attractive investment destination.