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CS Professional · Labour Laws and Practice · The Labour Laws (Simplification of Procedure for Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988

Mehta Tea Estates, a plantation with 25 workers, has opted for the simplified procedure under the 1988 Act. A worker meets with an accident. Which statement is correct about the employer's obligation to report accidents?

The employer must continue to file accident returns under sections 32A and 32B of the Plantations Labour Act, 1951. The 1988 Act's simplification does not cover accident returns, which the second proviso to section 4(1) expressly preserves, along with wage slips.

  1. AThe employer is exempt from accident returns because only Form I is now required
  2. BThe employer must continue to file accident returns under sections 32A and 32B of the Plantations Labour Act, 1951Correct
  3. CThe employer must file accident returns only under the Factories Act, 1948
  4. DThe employer may report accidents through Form III instead

Explanation

The second proviso to section 4(1) says the employer must continue to file returns relating to accidents under sections 88 and 88A of the Factories Act, 1948 and sections 32A and 32B of the Plantations Labour Act, 1951. Mehta is a plantation, so the Plantations Labour Act provisions apply. The exemption does not extend to accident returns.

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