procedure of forwarding matter when concilation fails

advocate satya (Querist) 21 August 2008 This query is : Resolved
sir
a labour matter had been filed before the labour commisioner, the concilation fails , the labour commissioner holding the file and not forwarding to court stating it will be filed in one and half year, what is the procedure? what is the remedy for it and what the commisioner is stating is it correct and under which section?

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Guest (Expert) 21 August 2008
Is it a concilliation proceeding initiated under court proceedings or between management and labour union.

Srinivas.B.S.S.T (Expert) 21 August 2008
or if you have an alternative clause in contract then you can invoke that.

H. S. Thukral (Expert) 22 August 2008
Labour Commissioner can not hold on to the reference of dispute to a labour Court or Industrial Tribunal for such a long period. The purpose of the conciliation proceedings is to bring in an amicable settlement between the warring parties in the interest of industrial peace and during the conciliation proceedings status quo has to be maintained. Once the failure report is submitted, technically conciliation proceedings come to an end and in such case industrial peace is again threatened . Therefore the appropriate government can not sit on the reference and is bound to refer the dispute to the industrial court immediately. However under very special circumstances when the government feels that there is apparently no industrial dispute or it is frivolous or it is during the period of settlement and is flagrant violation of the settlement it can refuse reference.
The remedy in the case is to approach the High Court under its Writ Jurisdiction to direct the LC to expedite the matter.
My advice to you is give an application under RTI Act and ask for the status of the ID. I am sure the LC can not say in writing what he is verbally saying to you.

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