Industrial dispute
Rama mohan Acharya
(Querist) 13 October 2010
This query is : Resolved
A matter was referred by the appropriate govt for adjudication to Industrial Tribunal, after conciliation failed. After about 2 years, few workmen who were afftected party, submitted to the tribunal that they are nor happy withy the PAIRAVI by the Union, hence they may be allowed to represented separately. The Tribunal allowe3d their appkication. Thereafter they raised an Industrial Disputer by filed another application before the Conciliation Officer. The Conciliation officer issued notice to all parties.
Can a party of a dispute which has already prending at the stage of adjudication raise a fresh dispute on the same subject?
Kirti Kar Tripathi
(Expert) 13 October 2010
NO. THEY CAN NOT RAISED ANOTHER INDUSTRIAL DISPUTE. SINCE MATTER IS ALREADY SUBJUDICE AND IN WHICH THEY ARE PARTY. MOREOVER, IN INDUSTRIAL DISPUTE WORKMEN AS A WHOLE ARE PARTY AND UNION IS MERELY A REPRESENTATIVE MEANING THREREBY EVERY WORKMAN OF INDUSTRY IS PARTY IN THE SAID DISPUTE UNLESS CONTRARY IS PROVED.
pawan sharma
(Expert) 13 October 2010
yes, they can not raised. on that point my view are same as Mr.Tripathi.
Uma parameswaran
(Expert) 13 October 2010
Once tribunal allowed to file separate application then they have the right to raise their grievance before Tribunal.
Kirti Kar Tripathi
(Expert) 13 October 2010
From the query, it evident that tribunal has only allowed representation of employee. it has not granted leave to raise another dispute. Even presuming that the tribunal has granted such leave, the same can be challenged.
aman kumar
(Expert) 19 October 2010
agree with kirti
