Labour case strength in cgit
Basavaraj
(Querist) 09 September 2017
This query is : Resolved
Dear All, below is the order by MOL.
NO - L-42012/37/2017 - IR(Dll)
Government of Indian Bharat Sarkar Ministry of Labour/Shram Mantra la.
New Delhi, Dated :29/08/2017
ORDER
NO.. L-42012/37/2017 (IR(DU)) : WHEREAS the Central Government is of the opinion that an industrial **dispute exists **between the employers in relation to the management of Karnataka Antibiotics and Pharmaceuticals Ltd. and their **workmen** in respect of the matters specified in the Schedule hereto annexed ;
AND WHEREAS the Central Government considers it desirable to refer the said dispute for adjudication;
NOW THEREFORE , in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947 ) the Central Government hereby refers the said dispute for adjudication to the Cent.Govandus.Tribunal-cum-Labour Court, Bangalore . The said Tribunal shall give its award within a period of three months.
The Schedule
Whether the action of the of Karnataka Antibiotics and Pharmaceuticals Limited(KAPL), Nirman Bhawan, Dr. Rajkumar Road, 1st Block, Rajajinagar, Bengaluru-560010 is justified in considering the absenteeism of Sh. Basavaraj S. Ghale** Assistant General Manager( Engineer) ** of KAPL posted at Guwahati as voluntarily abandonment of service and settling his final accounts without conducting domestic enquiry in accordance with **Conduct, Discipline and Appeal Rules** of the Company?
If not, what relief the complainant Sh. Basavaraj S. Ghale is entitled to from the management of KAPL Nirman Bhawan, Dr. Rajkumar Road, 1st Block, Rajajinagar, Bengaluru-560010.'
(Rajesndra Joshi)
Deputy Director
T. No.-23473145
Copy forwarded for necessary action to :
* 1. The Presiding Officer
Cent.Govt.Indus.Tribunal-cum-Labour Court Shram Sadan, 3rd Main,
3rd Cross,II Phase, Tumkur Road, Yeswanthpur
Bangalore -560022
* 2. The Managing Director,
Karnataka Antibiotics and Pharmaceuticals Ltd. Nirman Bhavan, Dr. Rajkumar Road, 1st, Block, Rajaji Nagar,
Bangalore - 560010
* 3. Sh. Basavaraj S Ghale,
22-50-51-6/2, Basava Chetan, 8th Main, 14A Cross 8th, 2nd Stage, N.S. Pallya, Karnataka
Bangalore - 573218
*****
The parties raising the dispute shall file a statement of claim complete with relevant documents, list of reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and also forward a copy of such a statement to each one of the opposite parties involved in this dispute under rule 10(B) of the industrial disputes (Central ), Rules ,1957.
***
4. Ministry of Chemicals & Fertilizers Shastri Bhawan.
New Delhi
Pincode - 110001
5. Dy.Chief Labour Commissioner (C), Guwahati(Assam)
6. Asst.Labour Commissioner (C), Guwahati(Assam) w.r.t .his FOC Report
No. 8(06)12017GIA Dated 12/04/2017
7. Adjudication Folder.
8. CR Section.
***
Note :The order letter itself use word as **WORKMEN **
In my opinion labour Court may not say as NOT WORKMEN?
**being Asst General Manager (engineer)**
Since, the case is of WORKMEN AND MANAGEMENT, CPSE sanding orders are to be applied instead of CDA RULES of CPSE to prove as not as WORKMEN CPSE?
Request all experts to give comments and opinions on case strength at CGIT..
Kumar Doab
(Expert) 10 September 2017
Reference has been made.
In CGIT merits and evidence is basis of decision.
P. Venu
(Expert) 10 September 2017
It appears that the query is incomplete!
Rajendra K Goyal
(Expert) 10 September 2017
How are you concerned / related with the query?
Kumar Doab
(Expert) 10 September 2017
The ALCC and central Govt has made the reference.
The reference is not decision.
The decision shall be rendered by CGIT based on facts and merits and evidence.
Kumar Doab
(Expert) 10 September 2017
": It is not open to the government to go into the merits
of the dispute and once it is found that an industrial dispute exists, it is incumbent on the
government to make a reference. It is for the appropriate court or forum to decide the same.
If adequate reasons are shown, the government is bound to refer the dispute to the
appropriate court or forum for adjudication'
Guest
(Expert) 10 September 2017
In this connection, you may better refer to the discussions at your following old link:
http://www.lawyersclubindia.com/experts/Criminal-act-by-management-by-invalid-transfer-633326.asp
Answers at different threads on the same problem may harm your interest more rather than giving any benefit, as that may create confusions more rather than any benefit, when the case has already been referred to the tribunal.
Kumar Doab
(Expert) 10 September 2017
If you have succeeded in getting the reference then prepare well for getting the decision based on merits and evidence.
Kumar Doab
(Expert) 10 September 2017
The threads initiated by you hint to voluminous case file(s).
Do spend some time with A SENIOR LOCAL VERY ABLE counsel of unshakable repute and integrity having successful track record in handling cases of your trade.
If you feel that you are skilled, well versed with enactments and can handle the matter then you may submit prior and in time application u/s36 of ID Act..................still keep a very able counsel on your back.
Or lean on a very able counsel as already suggested.
Kumar Doab
(Expert) 10 September 2017
THE INDUSTRIAL DISPUTES ACT, 1947 Sec. [14 OF 1947]
https://mahakamgar.maharashtra.gov.in/lc-acts-rules.htm
https://mahakamgar.maharashtra.gov.in/images/pdf/industrial-disputes-act-1947.pdf
Dr J C Vashista
(Expert) 11 September 2017
Proceed as advised by experts after consulting a local lawyer.
Adv. Yogen Kakade
(Expert) 11 September 2017
It is advisable for you to consult a local lawyer.
