Assistant labour commissioner is not accepting the representations of Sudarshan Maurya because he did not succumb to hire an advocate

 

Staff of assistant labour commissioner submitted false, arbitrary and inconsistent reply on the Jansunwai and public grievance portal

Grievance Status for registration number : GOVUP/E/2023/0018505

Grievance Concerns To

Name Of Complainant

Sudarshan Maurya

Date of Receipt

15/03/2023

Received By Ministry/Department

Uttar Pradesh

Grievance Description

Sir, the matter concerns the quasi-judicial function of the assistant labour commissioner Mirzapur who is not entertaining submissions on the ground that why applicant submits prayer before the Honourable court itself? Whether it is justified? Assistant labour commissioner is pressing the applicant to hire a lawyer and the applicant is not economically fit to hire the services of a lawyer. Undoubtedly the applicant is not fit for the court proceedings because of the arbitrariness and tyranny in the function of the courts but the economy of the applicant does allow the applicant to hire a lawyer. Please direct him to entertain my prayers submitted before the court as required under the law. Sir, the applicant is free to argue in the court during open court hearing so the applicant must not be demoralized by the assistant labour commissioner time and again. If the Honourable Sir may be pleased then he may check the documents submitted before the court by the applicant which conforms to the standard of the court. Please take a glance of the attached document to the grievance. In the court of Assistant Labour Commissioner

                         District-Mirzapur, Uttar Pradesh

            Payment of Wages Act, 1936

Case number-P.W./01/2022Prayer- For the appointment of committee to evaluate the losses occurred to the aggrieved applicant because of the dereliction of the plaintiffs. Honourable sir, With due respect to the Honourable sir your respondent invites the kind attention of the Honourable Sir to the following points.1-Since the date, the respondent appeared before the Honourable court, respondent is requesting to the Honourable court that the matter is not entertainable by the Honourable court because the plaintiffs 1 and 2 are the contractors not labourers and entire evidence submitted by the respondent before the Honourable court but the Honourable court is adamant to proceed in the matter by overlooking and neglecting the evidence provided by the respondent.2-I pray before the Hon'ble Sir that under section 10 Payment of Wages Act, 1936

DEDUCTIONS FOR DAMAGE OR LOSS. Sec 10 Employers should give an opportunity to the employee to explain the reason and cause for the damage or loss that happened and deductions made by the employer from the employee wage should not exceed the value or amount of damage or loss made by the employee.3-It is obligatory duty of the presiding officer of the  court to nominate A committee which may evaluate the losses incurred to the respondents before proceeding in the matter. Loss occurred to the  respondents is quite obvious from the report of the enquiry officer appointed by the executive officer municipality Mirzapur City on the request of the police.O God help me, for this respondent shall ever pray to you Honourable sir.                                                                    Yours sincerely                          Sudarshan Maurya S/O Brijlal Maurya Mobile number-9455024500,

Address-Sohta Adda, Jangi Road, District-Mirzapur, PIN Code-231001

Grievance Document

Current Status

Case closed

Date of Action

28/03/2023

Remarks

प्रकरण में सम्बंधित से आख्या प्राप्त कर निस्तारण हेतु प्रेषित है आख्या संलग्न है Plz. find the attachment as mentioned above

Reply Document

Rating

1

Poor

Rating Remarks

The matter concerns the pressurizing the respondents to hire an advocate otherwise assistant labour commissioner will not pay heed to submissions of the respondent which is illegal and ultra-vires to just The staff of the assistant labour commissioner Mirzapur submitted false, arbitrary and inconsistent report in the aforementioned grievance. Please help the applicant for transparent and accountable proceedings. The matter concerns the arbitrariness of the Assistant Labour commissioner, District-Mirzapur, Uttar Pradesh during the delivery of the quasi-judicial function. An Open court is a normal court where proceedings of the court are conducted. To the extent practical, every person is allowed to watch the proceedings of the court. The concept of hearing in an open court is practiced because it brings transparency in administration of justice. The parties get to know what is happening and inculcate discipline and caution in the minds of all those involved in administering justice.

Officer Concerns To

Officer Name

Shri Bhaskar Pandey (Joint Secretary)

Organisation name

Government of Uttar Pradesh

Contact Address

Chief Minister Secretariat , Room No. 321, U.P. Secretariat, Lucknow

Email Address

bhaskar.12214@gov.in

Contact Number

05222226350