Administration Authority
Gurpreet
(Querist) 11 March 2009
This query is : Resolved
Plz tel me that in Punjab who is holding the major administrative authority for all the major labour laws???
- Is that same for all the laws?
- Can a case for labour laws be filed in ordinary court?? or only labour court can handle such issues???
S.JAYAKUMAR
(Expert) 11 March 2009
Hello Gurpreet,
In every district in a state there will be a District Labour Officer ( DLO) who is the head of the district.
Most of the labour disputes and matters can be filed in the labour court.We can also file it in the civil court, but it is dificult to deal the labour disputes in the civil courts because it will take long period.
So my opinion is to file a case in the labour court ( which deals only labour diputes) to get a quick remedy.
with regards
S.Jayakumar
Advocate
Trichy
TamilNadu
e-mail id : adv.sjk@gmail.com
H. S. Thukral
(Expert) 11 March 2009
I would like to add up more on the jurisdiction of civil court in labour matters. The main object of the Industrial Dispute Act is to maintain industrial peace. An Industrial Dispute in the act is defined as a dispute between workmen and employer. It is not between a single workman and the employer. A dispute between a single workman and employer does not become industrial dispute unless it is sponsored by number of workmen or the Trade Union of workmen. Earlier a worker on termination of his service could not take the dispute to labour court single handedly until Trade Union came to his rescue. That is why section 2-A was introduced to say that the termination of service of a workman shall be an industrial dispute. Therefor, where a workman is not represented by the union, no industrial dispute would comeinto existence and can not be resolved in an Industrial Court. A workman then can approach the civil court for relief. The jurisdiction of civil court is not barred expressly. However a Civil Court can not order reinstatement of a dismissed workman due to a bar in specific relief act as specific performance of contract of personal service can not be enforced. However the civil court can declare the termination as illegal and award compensation/damages
Kiran Kumar
(Expert) 12 March 2009
well legal propositions have been explained very aptly by all the Hon'ble members....Gurpreet do u ve any facts to be explained, if necessary?
PALNITKAR V.V.
(Expert) 12 March 2009
Thanks to the learned Experts for contributing vary valuable information for me.
A. A. JOSE
(Expert) 12 March 2009
All above clarifications and opinion are right and I endorse.
Gurpreet
(Querist) 15 March 2009
thanks a lot to all of you....
for sparing ur precious time to write a answer for my query....
thanks
