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Petitioner Inperson (XYZ)     18 June 2013

Required case laws " industrial dispute act 1947"

1. Learned Members of this Forum are requtested to provide case laws under Industrial Dispute Act 1947, I am fighting a case in-person in the Delhi Labour Courts where on first hearing date Learned Councel for the management has been barred under section 36 ID Act 2005. I know that, am not a easy going road due to presence of corruption.

 

2. Further, i need few case laws of Industrial Dispute Act 1947, in my pocket for future concerns, thats why a support is being demanded from Learned Members of this forum. Thanks in advance. (Section 2A & 36 ID Act 1947)

 


Regards,

Petitioner Inperson.



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 June 2013

You can easily browse www.indiakanoon.org for case laws.

Sasidharan (Retired Labour Commissioner (Central))     19 June 2013

Your letter is silent about the grievance for which you approached the Labour Court and what is ytour position in the Company. This is basic need to suggest the things.

Petitioner Inperson (XYZ)     20 June 2013

Section 36 ID Act 1947.

Petitioner Inperson (XYZ)     20 June 2013

Mr. Sasidharan,

I have approached the Labour Court, "u/s 2 A, ID Act 1947" for remedy of illegal & unjustified termination of employment. My sevices falls under the terms of workman. Pending proceedings in the Labour Courts on first hearing date, a dispute has also been raised by me under section 36 ID Act 1947. Further, i need case laws under section 2A & 36 ID Act 1947. Thanks in advance for up-coming suggestions.

****

"Petitioner In-Person"

Sasidharan (Retired Labour Commissioner (Central))     21 June 2013

Section 2A of Industrial Dispute Act empowers a workmen to refer a dispute direct with the Conciliation Officer of the appropriate Government and after expiry of forty five days approaching the Labour Court for adjudication of the matters relating to dicharge, dismissal, retrenchment or otherwise terminates the services of an individual workman. Section 36 specifies about who are the person who can represent a workman involved in a dispute can be represented through. When you have made an application to the Labour Court over your alleged illegal termination for adjudication, I could not understand what type of ruling and on  what  issue you require with regard to Sections 2A and 36.The actual ground on which your services were terminated is also not mentioned. With the main details no one will be able to guide you on the issue as also on the rulings. as under Section 2A and Section 36 there may be rulings in thousands on different issues and no one will be able to give details without proper subject.

Sasidharan (Retired Labour Commissioner (Central))     21 June 2013

make following corrections in my suggestions just given:-

1. Please delate the sentence " can be represented through" appearing in 6th & 7th lines.

2. Read work as "without" instead of "with" at starting sentence in line 11.

Petitioner Inperson (XYZ)     21 June 2013

Section 36 and its sub sections describe the representation of case before, conciliation officer, and labour court etc. You are right i should present proper details. As mentioned, that a dispute has also been raised by me indicates that on very first hearing date in the Labour Court one advoctae/legal pratitioner tried to represent the case on behalf of management but consent was not given by me and i also filed application for rulings under section 36 ID Act 1947 to stop said legal practitioner from representation of management. Further said legal practitioner may file case laws too on next hearing date, so i want to collect case laws in support of that ruling.


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