Industrial dispute

PRADEEP KUMAR SHARMA (Querist) 15 August 2011 This query is : Resolved
Dear Sir,

I want to know that who can go to Labour Court and who can go to civil court directly in the matter of any dispute in a Industry.
Pradeep Sharma

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adv. rajeev ( rajoo ) (Expert) 15 August 2011
employees of the industry can approach the labour court.

Guest (Expert) 15 August 2011
IN THE LABOUR COURT I.D.O.P. AND ORIGINAL SUIT IS ALSO FILED. BUT WITH RESPECT TO THE VERACITY AND THE NATURE OF DISPUTE THE MODE OF FILING DIFFERS. BOTH THE PARTIES I.E EMPLOYERS-EMPLOYEES ARE PARTIES NORMALLY APPROACH LABOUR COURT.

K.S.Srinivas (Expert) 15 August 2011
I agree with Mr.Rajeev.

H. S. Thukral (Expert) 15 August 2011
For the Author and also for the answering Experts

Industrial Disputes Acts bars the jurisdiction of Civil Court where the remedy has been provided in it. The Industrial Dispute is in plural sense i.e. it is a dispute between the workmen and the employer and not the workman and the employer. An individual workman can not raise an Industrial Dispute and it has to be sponsored by number of workmen employed in the Industry. Now where workmen or a body of workmen does not sponsor the dispute of an Individual workman then the workman can approach a Civil Court.
for example if a workman is transferred from one place to another and he wants to challenge the same and Union does not come forward to support his case, he can move a Civil Court. In case of termination also he can move the Civil court for damages ( not reinstatement).
Premier Automobiles and Rajsathan State Transport are two cases where Sc has discussed this issue extensively.