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Q. Ban of Housemaid on the basis of refusal to work

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Anonymous

posted 1 month ago

question iconBan of Housemaid on the basis of refusal to work

I stay in an apartment where the RWA has drafted a rate card for housemaids for various tasks. They warn the housemaids of banning entrance in case the housemaids charge more than the rate card, from a new flat owner. Upon couple of warnings, they ban the housemaids from entering the society. This creates a problem for the households where the maids are already employed with.
Can RWA in Bangalore have the authority to warn/ban entrance to housemaids on such grounds?
Also, can RWA ban entrance to any individual (not limited to maids) if the flat owner has explicitly given permission to the main gate security to allow entrance to that individual for his flat? If yes, then on what grounds or conditions? What actions can be taken against the RWA by the affected flat owner in such a case where entry of his guests are restricted by the RWA?

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Anik

Anik

Responded 1 month ago

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A.Dear Client,
RWA cannot, in general, restrict the movement of (all) people who are permitted to enter by the inhabitants. Some persons, such as hawkers, servants, and sellers, may be excluded, but there must be a rule in place that is agreed upon by all. You can go to the concerned department's Deputy Secretary, the Civil Court, or the High Court.
Thank you!

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Kishan Dutt Kalaskar Retired Judge

Kishan Dutt Kalaskar Retired Judge

Responded 1 month ago

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A.Dear Sir,
It is illegal and in recent times the RWA taking everything as granted and creating its own law illegally. You can approach Deputy Secretary of concerned department or Civil Court or High Court.

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Abhimanyu  Shandilya

Abhimanyu Shandilya

Responded 1 month ago

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A.The answer to your questions depends on what kind of rules and byelaws the RWA has made wherein you have also given your consent for the same for some specific matters and housemaid could be one of them.
In general RWA cannot bar the movement of (all) people who are allowed to come in by the residents. Some specific set of people like hawkers, maids, vendors might be but there has to be a rule for that agreed by all.

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