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Labour Law India · Just now · 506 views

My employer in Kolkata is not contributing to the state labour welfare fund, can I complain?

LA Asked by Lata Mangesh from India

Legal Information

Below is a comprehensive legal analysis based on Indian law for your question.

Yes, you can complain about non-contribution by your employer in Kolkata 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.

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.

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