My employer in Kolhapur is not contributing to the state labour welfare fund, can I complain?
IM Asked by Imran Sheikh from India
Quick Answer
Yes, you can complain about non-contribution by your employer in Kolhapur to the Welfare Commissioner appointed under Maharashtra Rent Control Act 1999, 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 Kolhapur to the Welfare Commissioner appointed under Maharashtra Rent Control Act 1999, 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 Bombay 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 Maharashtra Rent Control Act 1999. 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 Bombay High Court for recovery and penal action against the employer.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.