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Rajnish Kumar das   19 November 2023

Industrial dispute

Sir,

Certain working problems like change in working condition  were raised by employees  throgh joint representtion  to officials through unions.now union is not ready to go to ALC and to labour court.Now can a single employee approach labour  court with same problems as will labour court will consider that as industrial dispute.pl quote any such case



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     19 November 2023

If the labor union is not cooperative and not willing to take up your case for the reasons stated by them, you can very well approach the labor commissioner directly with a complaint against the employer 

Ritesh Maity (Labour Law Advocate)     19 November 2023

Dispute related to change in any "service condition" is a collective dispute which can be raised collectively only (mostly by union). Such dispute is not an individual dispute which can be raised by an individual employee.

If the union is not ready to go to labour commissioner, it will not be possible for the employee to convert such collective dispute into an individual dispute. 

May be there is some way out but for that you need to disclose the factua details of your case (i.e. what service condition has been changed, how you are affected etc.) 

T. Kalaiselvan, Advocate (Advocate)     19 November 2023

The opinion rendered by advocate Mr. Ritesh Maity seems to be appropriate. you may revert with details sought so that you can get more legal options clarified 

Dr. J C Vashista (Advocate )     20 November 2023

What is the actual problem (service conditions / remunerations / unfair labour practice etc.) which affects you has to be disclosed before forming proper opinion and advise.

If you are directly and individually affected you should not wait for intervention of union and must approach labour commissioner individually.

1 Like

Sudhir Kumar, Advocate (Advocate)     20 November 2023

Originally posted by : Dr. J C Vashista

What is the actual problem (service conditions / remunerations / unfair labour practice etc.) which affects you has to be disclosed before forming proper opinion and advise.If you are directly and individually affected you should not wait for intervention of union and must approach labour commissioner individually.

 

 this is not shared by querist.


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