Industrial disputes act
RAJASEKAR
(Querist) 15 December 2012
This query is : Resolved
my brother is working as a staff in self aided polytecnic lab assistant, recently suspended by secretary, may i move forward to civil court, or labour court,
some friends recommend to file petition before labor inspector for raising issues?( sec 2 industrial disputes act)
what shall i advise to him?
please guide me
Raj Kumar Makkad
(Expert) 15 December 2012
Suspension is not a punishment so wait for charge-sheet and further action thereon. There would have been compelling circumstances which led the management to suspend your brother and without posting those reasons, nothing can be opined here.
Guest
(Expert) 15 December 2012
I endorse the views of Shri Raj Kumar Makkad.
However, if you have any solid ground to prove suspension, as unjustified, irregular and illegal, only then your brother should resort to any legal recorse, but only after making appropriate representation to the competent authority of his own organisation and waiting for the outcome. Otherwise, his case may fail.
Raj Kumar Makkad
(Expert) 15 December 2012
You are required to put the facts of the case so that it may be ascertained whether the suspension is irrational or justified.
RAJASEKAR
(Querist) 15 December 2012
today my brother received dismissal order, on medical grounds, he is not fit for lab assistant work,
p f amount is deducted from my brother salary, he is working 3 years in the same institute?
can i file a petition before the labor inspector?
RAJASEKAR
(Querist) 15 December 2012
sir please.
whether non teaching staffs as a workman in the industrial disputes act?
Raj Kumar Makkad
(Expert) 15 December 2012
lab assistant do come within ambit of Industrial workman and so he can very well make complaint with LI of the area. He can also make written complaint to RPFC for PF matter.
RAJASEKAR
(Querist) 18 December 2012
thank you so much sir. for your advise.
