labour law amendments query
vandana
(Querist) 14 August 2008
This query is : Resolved
1. Has the industrial disputes (amendment) bill, 2002 been passed and if yes, when has the change in definition of workman come into effect?
FYI-Section 2(s) defines a workman. Earlier the definition of a workman excluded any person employed in a supervisory capacity drawing wages more than Rs 1600 per month (Section 2(s)(iv)). The bill seeks to remove this ceiling on wages in the definition, thus bringing all workmen employed in a supervisory capacity under the purview of the act, regardless of their wages.
2. I’m a victim of a forced resignation and wish to file a criminal suit against the management for their unfair labour practices as u/s 2 sub-section (ra) of the Act. Kindly advise me on the procedure and forum to be approached for redressal? i.e. do I file a complaint at the labour office or at the police station or directly at the magistrate court?
FYI- FIFTH SCHEDULE - UNFAIR LABOUR PRACTICES [See section 2(ra)]
I - On the part of employers
5. To discharge or dismiss workmen - (a) by way of victimization (FORCED RESIGNATION)
H. S. Thukral
(Expert) 22 August 2008
Dear Ms. Vandana
There is no amendment in the definition of workman to part of section 2(s), you mentioned in the query.
Section 25-U provides for punishment for committing unfair labour practices but you can not file a complaint directly as section 34 prohibits direct complaints. However Labour Department of appropriate government on your complaint can authorise you to prosecute the employer for the alleged offence.
My advice is that you raise an industrial dispute over the illegal termination of your services under section 2-A of the ID Act as the resignation is not voluntary. There are numerous case laws on this where forced resignation has been considered as termination. The burden of proving the same shall be upon you. If the resignation has not been accepted in writing, withdraw it immediately.
