Temprory Status Mazdoor

Legal Wizard (Querist) 22 November 2010 This query is : Resolved
Sir,
Can Temporary Status Mazdoor file a case before Central Administrative Tribunal.

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Ajay Bansal (Expert) 22 November 2010
YES

Kirti Kar Tripathi (Expert) 22 November 2010
yes, but he has appropriate forum under ID Act

Devajyoti Barman (Expert) 22 November 2010
No, under Industrial Disputes Act only.

Kirti Kar Tripathi (Expert) 22 November 2010
in case, the mazdoor was employed in central government establishment he has remedy under Administrative Tribunal Act too.

Advocate Bhartesh goyal (Expert) 22 November 2010
A temperory status mazdoor or casual mazdoor can not file case before administrative tribunal. He can only approch before labour court or industrial tribunal under I.D.ACT

Guest (Expert) 22 November 2010
i'll go with Mr Bhartesh goyal and Mr Devajyoti Barman

Kirti Kar Tripathi (Expert) 23 November 2010
perhaps, my dears experts are under misconception. Administrative Tribunal Act specifically provide forum for central government employee irrespective their status and post. similarly if the central government establishment fall with the definition of the Industry under the ID Act, its employees falling within the scope of workman can invoke the forum of the I.D. Act. in case both forums are available, it is far the employee to choose forum as he wish. but it is wrong to say that a mazdoor is having remedy on in ID Act only. but if the establishment is not industry remedy is only in CAt.

s.subramanian (Expert) 23 November 2010
Mr.Kirti is right.

Sri Vijayan.A (Expert) 24 November 2010
I agree with Mr.Kirti

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