Proceedings
kaur
(Querist) 19 July 2016
This query is : Resolved
Case was filed before Assistant Labour Commissioner / Conciliation Officer which was completed within 3 months in 3 proceedings and sittings as both the parties attended the case regularly. Labour Commissioner did not sent sanction and directed the Assistant Labour Commissioner that since the case was comploeted in 3 proceedings / sittings which should be in 5 proceedings / sittngs. As now again notice shall be sent to both the parties which will take time and I an unable to approach the Labour Court without reference of the Labour Commissioner. Please clarify that is there any such rules that proceedings should be done in five sittings and not in three sittings. Can I approach the High Court for such an act that early disposal of case cannot be done. Please advice.
Kumar Doab
(Expert) 22 July 2016
It is felt that you are aware that you are covered by the def. of 'Workman'.
You may refer to THE INDUSTRIAL DIPSUTES (AMENDMENT) ACT, 2010
No.24 OF 2010
Sec:3
kaur
(Querist) 03 August 2016
Copy obtained from LC wherein their notification they have mentioned for at least 4 meetings of both the parties whereas in my case 3 meetings case was heard. I have study rules of ID Act 1947 where it is mentioned that case to be completed within 3 months. My query is that issuing of such notification by LC can overrules ID Act 1947. Please suggest.
Kumar Doab
(Expert) 03 August 2016
>>> The state govt might have made some amendments e.g;
Bill No. 17 of 2014
THE INDUSTRIAL DISPUTES (RAJASTHAN
AMENDMENT) BILL, 2014
http://rajasthanassembly.nic.in/BillsPdf/Bill17-2014.pdf
The Industrial Disputes (Rajasthan Amendment) Act, 2014
http://www.labourlawreporter.com/the-industrial-disputes-rajasthan-amendment-act-2014/
>>> Otherwise;
THE INDUSTRIAL DIPSUTES (AMENDMENT) ACT, 2010
No.24 OF 2010
http://www.prsindia.org/uploads/media/Acts/The%20Industrial%20Disputes%20(Amendment)%20Act,%202010.pdf
3. Section 2A of the principal Act shall be numbered as sub-section (1) thereof and after sub-section (l) as so numbered,
the following sub-sections shall be inserted, namely:-
“(2) Notwithstanding anything contained in section 10, any such workman as is specified in sub-section (1)
may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to
therein after the expiry of three months from the date he has made the application to the Conciliation Officer
of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour
Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute
referred to it by the appropriate Government in accordance with the provisions of this Act and all the
provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial
dispute referred to it by the appropriate Government.
(3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the
expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service
as specified in sub-section (1).
Your own Labor Law consultant can advise you further.
kaur
(Querist) 08 August 2016
Thanks to Mr.Kumar Doab in the instant case. In the instant case LC directed ALC for 2 more meetings which were early completed by ALC within 3 months in 3 hearings. Now notice sent by ALC to employer and I was informed. I came to know from some sources that employer influence politically will try to change jurisdiction. If I do not attend the 2 meeting is it possible my case can go ex-parte and still I have the privilege to go Labour court directly UNDER THE ABOVE SECTION irrespective of whatever decision of ALC.
Kumar Doab
(Expert) 08 August 2016
It is difficult to comment.
ALC otherwise also makes reference.
You have approached the Labor Court.
What is the opinion of President of the tribunal?
What is the opinion of your own local counsel,ALC, President?
kaur
(Querist) 08 August 2016
I have received the notice recently for 2 more meetings.
Kumar Doab
(Expert) 08 August 2016
Visit ALC and update that you have already filed in Labor Court.
During next date update President as well.
Rest is to be decided amongst you, ALC, President.
What is the opinion of your own local counsel?
Kumar Doab
(Expert) 08 August 2016
Why is there issue of jurisdiction?
Is it between State/central Tribunal?
kaur
(Querist) 08 August 2016
Employer resides where his head office is within his district and Labour court located there. I reside where the jurisdiction is near to me as employer office is also located there. ALC replies that after 2 meetings they shall sent my case for sanction to LC and thereafter I will be issued letter and can approach Labour Court. My counsel replies that it's better to take sanction letter from LC.
Kumar Doab
(Expert) 08 August 2016
As far as jurisdiction is concerned this can be decided by tribunal.
The workman can approach tribunal at the location where company has an office.
You have posted that:
"Copy obtained from LC wherein their notification they have mentioned for at least 4 meetings of both the parties "
4 meetings in how many months, as per the said notification?
Whenever there is a conflict between a Central and State enactment the Central should prevail.
Your own counsel can guide you further.
You may wait for the advise of other experts.
Kumar Doab
(Expert) 08 August 2016
Your counsel's view, as I see, is that you approached the tribunal ( at your location) to which reference was made.
Your counsel might have pointed during conciliation that the tribunal at your location can be approached.
kaur
(Querist) 10 August 2016
Notification issued by LC that atleast 4 to 5 meetings should be done and not mentioned in how many months. Further I attended the date but party did not appear. Central Act does not apply to any 4 to 5 meetings but mentioned that case to be completed within 3 months. Now I left with no option but to approach Labour Tribunal directly as my case with ALC is more than 6 months pending with him.
Kumar Doab
(Expert) 10 August 2016
OP has not appeared.
May not appear next time also.
YOur own counsel may opine: Appear before ALC and President on all dates.Request ALC to minute that 2 more meetings were conducted and refer to the Forum you have already approached.
Central Act states 3 months and 3 months are over.
kaur
(Querist) 10 August 2016
Thanks Mr.Kumar Doab for your advice and further process if any I shall post.
kaur
(Querist) 16 August 2016
The management appeared before ALC and stated that they have deposited all dues in my bank account. I have stated that enquiry was illegal and to reinstate me with back wages. My query is does depositing of dues of employee debar the dismissal employee from approaching the labour court cum tribunal or does it makes any effect.
Kumar Doab
(Expert) 16 August 2016
Let them state so in writing.
Or ALC must have obtained signature of employer's representative.
The a/c number ( Probably salary a/c opened with attestation from employer) was with employer and probably the amount was not deposited with notice/FnF statement to employee.
Nevertheless unpaid wages (promised amounts/dues) are debt on employer and employee can lodge the complaint the moment the payment is delayed by even a day and employer can be penalized for later payment.
The employer should supply salary slip atleast a day before due date of disbursement.
Lodge complaint with Inspectors appointed under Min.Wages Act/Payment of Wages Act/Shops & Estbs Act (if covered) OR with ALC.
The payment does not debar the employee!
You may also contemplate on prohibition representation of employer by lawyer under ID Act;Sec;36(4).
kaur
(Querist) 16 August 2016
Yes Mr.Kumar Doab when I was issued dismissal orders after one month my dues were deposited in my account. Now the issue is with my reinstate. The employer stated before ALC that when we have cleared her dues I have no right to approach ALC or Labour Court for which I got worried and requested for your advice. Further if my case is referred to Labour Court that the persons whom notice have been issued can they be called in court for some strong questionings. Please advice
Kumar Doab
(Expert) 16 August 2016
You can.
'employee can lodge the complaint the moment the payment is delayed by even a day and employer can be penalized for later payment.'
