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versha (S/W Engg)     17 June 2010

What happens when we file a case?

Hi All,

What happens when someone files case against employer in labour court? as I understand :

1. Court will issue a summon to the employer to be available in court on some specified time. is it correct?

Can anyone tell me the process in detail?

thanks

versharajan



 1 Replies

Guest (Guest)     18 June 2010

Labour courts are meant for workmen only.  The workman can approach directly to the labour court if it is a termination of his service (this facility available in only some States) or if any amount is due from the employer (under Section 33 C-2 of Industrial Disputes Act, 1947).  In all other remaining issues, such as promotion, wage increase etc.he cannot directly approach the labour court.  He will approach the Assistant Labour Commisioner / conciliation officer and the Assistant Labour Commissioner will first try to conciliate the dispute and if the dispute is not resolved in conciliation, he will refer the matter to the labour court.  There the workman will file his claim petition and then the management will be summoned to file his reply.  Later on the case will run similar to civil case.

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