ID Act Clarification
R. Muthukrishnan
(Querist) 18 March 2010
This query is : Resolved
1.Whether a conciliation officer under the ID Act can (i)entertain a complaint given by a worker under Section 25(T) of the I D Act 1947, after he is dismissed from service, for some unfair labour practice alleged to have been committed by his employer before his dismissal and(ii) give show cause notice to the employer if there is any prima facie evidence during the enquiry.
2.Whether the court can take cognizance of the offence u/s 25 U(Penalty for committing unfair labour practice), if a complaint is filed after one year from the date of offence alleged to have been committed.
3.What is the remedy for the worker if no trade union espouses his cause to raise an industrial dispute u/s 2(k)against the unfair labour practice
Raj Kumar Makkad
(Expert) 18 March 2010
1. No. Labour-cum-conciliation officer cannot intervene in such matters.
2. No. Depaty Labour Commissioner is empowered to take cognizance of such matters.
3. He himself should file his claim petition before Labour-cum-conciliation officer who after obtaining the reply of the employer shall forward the matter to Labour commissioner and thereafter matter can be referred to any Labour Court.
H. S. Thukral
(Expert) 18 March 2010
unfair labour practice is a criminal offence and there is a designated magistrate to try the offence. Only thing is that you can not approach the court with the complaint directly. Either the appropriate government has to file the complaint or it has to authorise you to do so. If the government does not act you can approach the high court under writ jurisdiction for necessary directions to the government.
There is no time limit for filing the complaint but it should be within reasonable time and delay should be explainable.
As said earlier it is not an ID but a criminal act by the employer/employee. If the employee is dismissed by unfair labour practices he can challenge his dismissal before the labour court under section 2-A and no espousal is required by any union. However if you are in Maharashtra there is a stricter act MRTUPULP.
