Id act
B Singh
(Querist) 01 August 2016
This query is : Resolved
Case was heard before conciliation officer who forwarded with his recommendation for sanction before the LC which is awaited for months due to employer having strong approach. As per ID Act Amendment 2010 can I file case before Labour Court directly and what is the procedure as presently due to no job my income dried up. Please advice.
Kumar Doab
(Expert) 01 August 2016
You are well informed, so why such query:
http://www.lawyersclubindia.com/experts/Filing-of-case-in-Labour-court-571851.asp
http://www.lawyersclubindia.com/experts/Reply-563236.asp
http://www.lawyersclubindia.com/experts/file-of-complaint-590136.asp
http://www.lawyersclubindia.com/experts/dual-case-592401.asp
http://www.lawyersclubindia.com/experts/ACR-592596.asp
http://www.lawyersclubindia.com/experts/case-596841.asp
http://www.lawyersclubindia.com/experts/PF-604966.asp
http://www.lawyersclubindia.com/experts/restore-of-case-607961.asp
Kumar Doab
(Expert) 01 August 2016
THE INDUSTRIAL DIPSUTES (AMENDMENT) ACT, 2010
No.24 OF 2010
[18 th August, 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.
(3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the
expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service
as specified in sub-section (1).”
http://www.prsindia.org/uploads/media/Acts/The%20Industrial%20Disputes%20(Amendment)%20Act,%202010.pdf
B Singh
(Querist) 01 August 2016
I thanks for your reply as I was being misguided that as long as I do not receive the sanction letter from Labour Commissioner my case shall not be entertained and in the instant case you replies have helped me alot. Now I intend to file case before Labour Court. Once again thanks.
Kumar Doab
(Expert) 01 August 2016
"Case was heard before conciliation officer who forwarded with his recommendation for sanction before the LC'
If you wish you may pursue the RTI route.
The cat shall be out of the bag.
Kumar Doab
(Expert) 01 August 2016
"is awaited for months due to employer having strong approach. "
If you have evidence or if it can be corroborated, try for it.
Rajendra K Goyal
(Expert) 01 August 2016
Well advised, agree with the expert Kumar Doab.
B Singh
(Querist) 01 August 2016
Through RTI I have obtained the order copy from ALC who after hearing both the parties properly within 3 months in 3 hearings forwarded my case for sanction from LC. But LC directed ALC for two more hearings which will take months. Hence now as per amendment act 2010 and your valuable advice I shall approach the Labour Court without the sanction letter from LC who is simply lingering my case on the pretext of employer.
Kumar Doab
(Expert) 01 August 2016
You have mentioned in one of the threads that you have two lawyers defending you.
They must be advising you!
You yourself seem to be quite informed.
What is the need of rechecking your own (2)lawyer's advise?
R.K Nanda
(Expert) 01 August 2016
Nothing to add
