"Harrassed by Conciliation officers"

Dear Amit,

Give a letter to 'Conciliation Officer' and ask him to make 'failure of conciliation proceeding' - FOC within the period of 4 weeks. If he not takes any action on your letter, make a complaint against him to 'Chief Labour Commissioner-New Delhi". 

Regards.

Sushil

Dear Sushil,

Thanks a lot for valuable suggestion, this is the matter of human rights violation and negative administrative duties under which workman was deprived by them, so I think filing complaint to chief labour commissioner is not going to work as JLC/DLC level officers seems to be involved under the conspiray, under these curcumustances administrative complaint will be dusbinned for sure. Thats why i am looking for available legal remedy through sutable court of law ( High Court ) only, so that i can lawfully enforce him to refer the case in upper labour courts.

In person

(Workman)

Mr. Sushil has given valuable advice.Kindly follow it.

It shall not be so easy to throw the matter to dustbin.

If your hunch is right that CO had malafide intentions you may not give breathing time to any one and peruse RTI route and obtain all documents.

You can access highly experienced labor consultants/service lawyers at Delhi and can certainly move to court of your choice however do not leave erring officials to hrass you or fellow citizens.

 https://delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Conciliation+Procedings

Central Government Act

Section 12 in The Industrial Disputes Act, 1947

12. Duties of conciliation officers.-

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation

1. Ins. by Act 48 of 1950, s. 34 and Sch. 2. Subs. by Act 36 of 1956, s. 9, for" Tribunal" (w. e. f. 10- 3- 1957 ). 3. Subs. by Act 46 of 1982, s. 9 (w. e. f. 21- 8- 1984 ). 4. Ins. by Act 45 of 1971, s. 3 (w. e. f. 15- 12- 1972 ).

officer shall send a report thereof to the appropriate Government 1[ or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2[ Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3[ Provided that, 4[ subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

You may also look into:

Industrial Disputes Act, 1947

11. Procedure and power of conciliation officers, Boards, Courts and Tribunals

If you wish to contact LCI labor consultant/Service lawyer you can conduct lawyer search at:

https://www.lawyersclubindia.com/lawyers_search/#.UMrNyvLZ1JI

Dear Kumar,

Since 2 years exercise of RTI act is in process but the every time SPIO/ALC denied the information, and CIC was also apporached in u/s 19(3)  2nd appeal, but the registrar deprived the applicant with malefieds. He prepaired the case with worng data, facts and applicant was not given notice for hearing before CIC. however applicant was provided the copy of decision of IC after 60 days of adjudication of RTI complaint, on several registerd ltr/email/phone calls, and SPIO again denied the information of case of ID Act 1947.

In Person

(Workman)

Valuable advice and inputs from  the  learned experts/members is sought in this matter.

Amit there are many members who have persued such matters with full force and vigour.

It is highly unfortunate that this also happens.

Dear Amit, 

You can approach to the 'High Court' for final adjudication of your matter in conciliation and ask HC for a call for records of your matters lying with 'ALC'. 

Regards.

Sushil

Dear Sushil,

Even i am thinking the same, I hope  " In Honorable High Court Delhi - Petition Under Article 226 of Constitution of India" is going to work for me only.

But the redressal of negetive acts of Mgmt is therefore required for sure. In the same matter, cause of action against the Conciliation Officer has arisen, which is the duty of honest citizen of india so that they can never harass anyone like this.

This is why i am seeking advise from Learned Members, and a reason of fighting case In Person was taken by me as Mgmt challenged me, Sounds lilltle wired but they told me that thay will purchase the orders of courts and the services of my lawyers.

In Person

(Workman)

As you have decided to approach HC and make CO a party, you may lodge a representation to  'Chief Labour Commissioner-New Delhi".and produce the documents to HC later.

Mr. Gopal Soni,

I would like to thank you for concern and valuable support in the matter.

Mr. Kumar Doab,

Your suggestion to make Company a party in "High Court" seems very gud, i will have to search "related decisions" before i do it in the petition because they may also pray the court to remove them as a party becaue case of ID act was filed before conciliation officer, proceedings are pending at his hands.

< Case of ID Act 1947 >

Please Provide suggestions, I was searching the files and doccuments over internet, got a solution in form of  "Industrial Dispute Act 1947 Amedment Act 2010"

: Workman's direct Acces to CGIT - LC. ( Industrial Tribunal & Labour Courts)

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THE INDUSTRIAL DIPSUTES (AMENDMENT) ACT, 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.

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Learned members are therefore requested to advise accordingly, if this is the correct solution i am looking for. If this is the correct solution then there is no need to approach the " High Court - Under Article 226 Constitution of India".

In Person

(Workman)

Please go through file here:

Read CO {Concilliation Officer} and Labor Commissioner.

As per the amendment posted by you you should be able to approach the Labor Court to get adjudication.

Valuable advice of learned experts/members is sought.

Yes Mr. Soni, Now i am working on Statement of Claim - in CGIT-LC