Section 35: Issue of wage slips

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VII: Maintenance of Registers, Records and Returns
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 35

Section 35 of the Occupational Safety, Health and Working Conditions Code, 2020 details the comprehensive investigative, search, and enforcement powers of Inspector-cum-Facilitators, including powers of entry, examination of plant and machinery, questioning of persons, seizure of records, taking photographs, and issuing statutory improvement notices.

  • Broad Investigative Entry & Examination Powers: Empowers Inspector-cum-Facilitators to enter any establishment at any reasonable time, inspect premises, plant, machinery, and ventilation systems, examine raw materials, and make inquiries to ascertain statutory compliance.
  • Power of Seizure & Recording Statements Under Oath: Authorizes the seizure of registers, records, and electronic devices, taking photographs, making sketches, and recording statements of any person found on the premises to uncover violations or reconstruct accident dynamics.
  • Statutory Improvement Notice Mechanism: Vests the Inspector-cum-Facilitator with power to issue a binding 'Improvement Notice' specifying the contravention and granting the employer a reasonable statutory timeframe (ordinarily thirty days) to rectify safety deficiencies before initiating criminal prosecution.
Key Landmark Precedents:
  • State of Gujarat v. Jethalal Ghelabhai Patel AIR 1964 SC 779: Supreme Court held that powers of inspection under workplace safety laws are preventative and aimed at eliminating dangerous conditions before irreversible worker loss occurs.
  • Bhilwara Dugdh Utpadak Sahakari Samiti Ltd. v. Vinod Kumar Sharma (2011) 15 SCC 209: Supreme Court recognized the wide powers of labor authorities to examine workplace records and worker statements to uncover disguised employment and statutory non-compliance.
Courtroom Practice & Strategic Litigation Guidance:

Establish a written 'Inspection Protocol': verify the inspector's digital authorization, assign the head of EHS to accompany the officer, maintain an internal minute of all questions and documents reviewed, and ensure immediate compliance with any Improvement Notice issued under Section 35 within the stipulated 30-day cure window to avoid prosecution.