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Prem Krishanan ( Legal)     02 January 2012

Industrial dispute

Dear Expert.

Can an Exemployee file an application U/s 10 of ID Act for Payment dues.

What is the Limitation period for raising labour dispute. (Employee resigned on June 2011 and filed an application on November 2011).

Person has Worked for 12.months 12 days, is he a workeman?

 

Thanks and Regards



Learning

 4 Replies

H. S. Thukral (Lawyer)     02 January 2012

An individual workman can not proceed under section 10 of the ID Act. He can file a Labour Court Application under section 33 C(2) of the Act for recovery of money due to an employer. There is no limitation provided for raising an I.D. or filing a LCA

The duration of service is not criteria for determining  whether an employee is a workman. 

Prem Krishanan ( Legal)     02 January 2012

thanks for your input

An exployee has filed an application u/s 10 R/w Section 12 of payment of wages Act, Claiming  old wages, for casula leave and National Holiday payment.

Your views

Prem Krishanan ( Legal)     03 January 2012

Dear expert

Can a Ex Employee of a private company raise an Industrial Dispute by filling petition u/s 10 of ID Act for arrers of wages.

 

H. S. Thukral (Lawyer)     03 January 2012

an application under Payment of Wages Act lies before the Authority under the Act. An ID can not be raised under section 10 of the ID act by an individual employee.


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