Procedure to follow by a workman to file a case u/s 33 c(2) on his own

Querist : Anonymous (Querist) 12 December 2011 This query is : Resolved
Dear experts

A poor workman wants to recover some amount

from his employer u/s 33 c(2) without the help of a

lawyer . Please mention step by step procedure

that he has to follow if he wants to apply in

labour court.

Follow Query

Report Abuse

Advocate. Arunagiri (Expert) 12 December 2011
Workman can file his petition before the Conciliation Officer of his area.

there is no specific format.

No advocate is needed.

He will get relief within a short period max 6 months.

Sailesh Kumar Shah (Expert) 13 December 2011
Proceed as advised by Mr.Arunagiri.

Querist : Anonymous (Querist) 13 December 2011
Dear Sir Arunagiri,

Will you please tell me who is the conciliation officer in labour court of Karkardooma Delhi where I have to file the petition and what will be the format of this petition.

Advocate. Arunagiri (Expert) 13 December 2011
Labour Conciliation officer is an officer in the labour department in the Assistant Commissioner level.

They will conduct enquiry and will pass orders.

Simple procedure, no court fee, quick disposal, no need for advocates etc, that is why I have suggested you to follow this procedure.

Raj Kumar Makkad (Expert) 14 December 2011
33 C(2) is a proceeding vide which claim is directly filed before labour court and not before Conciliation Officer as wrongly told by Arunagiri.

You move a simple application duly typed specifying your name, full address as claimant and the name of the person responsible to make payment and full address of his company as respondent are to be given therein.

Then you shall have to provide details of your employment with the respondent and detail of your arrear and at last prayer should be made to recover that amount with multiplication of 10 times.

A notice shall be sent to respondent, who shall file his reply to the claim petition then you shall have to lead your evidence then it shall be turn of employer and then lastly argument shall take place.

prabhakar singh (Expert) 14 December 2011
Agree with views of expert raj kumar makkad .

Advocate. Arunagiri (Expert) 15 December 2011
Mr.Makkad,

I have given the procedure to be followed prior to u/s 33 C2.

I have given my suggestions on how to recover money from his employer. under the presumption he had not filed his application to the conciliation officer.

Many cases settles even in the conciliation.

Now the author has to say what is the result of the conciliation proceedings, if any.

Notes based on various SC judgements :-

The workman can proceed under Section 33-C(2) only after the Tribunal has adjudicated on a complaint under Section 33-A or on a reference under Section 10 that the order of discharge or dismissal was not justified and has set aside that order and reinstated the workman.

Under Section 33-C(2) is a proceeding in the nature of execution proceeding in which the Labour Court calculates the amount of money due to a workman from the employer.

It is not competent to the Labour Court exercising jurisdiction under Section 33-C(2) to arrogate to itself the functions of an Industrial Tribunal and entertain a claim which is not based on an existing right but which may appropriately be made the subject-matter of an industrial dispute in a reference under Section 10 of the Act.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries