My employer in Howrah is not contributing to the state labour welfare fund, can I complain?
AM Asked by Amit Kumar from India
Quick Answer
Yes, you can complain about non-contribution by your employer in Howrah to the Welfare Commissioner appointed under West Bengal Premises Tenancy Act 1997, which establishes the state labour welfare fund for the benefit of workers.
Detailed Legal Analysis
Yes, you can complain about non-contribution by your employer in Howrah to the Welfare Commissioner appointed under West Bengal Premises Tenancy Act 1997, which establishes the state labour welfare fund for the benefit of workers. The Act requires the employer to deduct the employee contribution and to contribute an equal amount from the employer side, and to remit the same to the Welfare Fund periodically.
The Calcutta High Court has held that non-contribution is recoverable as arrears of land revenue and that the Welfare Commissioner can prosecute the defaulting employer under West Bengal Premises Tenancy Act 1997. You should file the complaint with your salary slips showing the deduction and a letter to the employer seeking confirmation of the contribution.
If the Welfare Commissioner does not act, you can file a writ in the Calcutta High Court for recovery and penal action against the employer.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.