Resignation under coersion
sambasivakamasani
(Querist) 25 July 2013
This query is : Resolved
A worker is forced to resign, quoting some incidents of past service. A dispute riased that resignation is obtained in coersion, since the worker is forced to stay within the four walls and releived after resignation on the same day. He complained to Labour Authorities. Labour Authorites suggested him to go to the company and settle his dues. He intends to pursue the case in the Labour Court, since the issue is pending with labour authorities for the last one year. Reply to: sambasivakamasani@gmail.com
Kumar Doab
(Expert) 25 July 2013
It is believed that the worker can establish that resignation was extracted under coercion, pressure, force etc………………and matter can be effectively cited by merits as deemed termination.
THE INDUSTRIAL DIPSUTES (AMENDMENT) ACT, 2010
No.24 OF 2010
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).”
Valuable advice of learned experts is sought.
Raj Kumar Makkad
(Expert) 26 July 2013
Mr. Kumar has again won the battle. I do appreciate his reply.
prabhakar singh
(Expert) 26 July 2013
Provisions cited are crystal clear.Get guided with them accordingly.
