concilitation proceedings

RAJAN (Querist) 28 September 2008 This query is : Resolved
An officer in a company made a fraud in company after his enquiry he has dismiss from the services.
He raise dispute under 2-A in Labour Office,for reinstatement and cont.with back wages.we have filed an application to discharge his application because ,he was working in the capacity of officer,(nature of job and his authority while working )and no right to raise dispute and also drawing more than Rs.10,000/- salary pm.
Can Labour office discharge his application.
Also would like to have some case law on the same issue, similar to this.

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ESTHERPRIYA (Expert) 29 September 2008
Industrial Disputes applies to employee and workmen in the Industry and Factory concerned. According to me he can raise labour dispute but you have to take the plea that the Labour Laws are not applicable as he is neither a workmen nor employee but a officer and the dispute is not maintainable under Labour Legislations.

H. S. Thukral (Expert) 29 September 2008
Dear Rajan

This is a repeat query and earlier I had replied to that.
Where a dispute requires investigation as there is question of facts and law involved, the appropriate government cannot refuse reference of the dispute to an idustrial court.

As far as Cinciliation Officer duties are concerned, he is to bring around a settlement between the parties which is a key to industrial peace. In case no settlement comes through he has to submit a failure report with his recommendations. There is no such thing as discharge of application. You can go through various judgments under section 10 of the ID Act. It is most frequent challenge in writ petitions.