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Rama mohan Acharya (Manager HR(Legal))     13 October 2010

Industrial Dispute

A matter was referred by the appropriate govt for adjudication to Industrial Tribunal, after conciliation failed. After about 2 years, few workmen who were afftected party, submitted to the tribunal that they are nor happy withy the PAIRAVI by the Union, hence they may be allowed to represented separately. The Tribunal allowe3d their appkication. Thereafter they raised an Industrial Disputer by  filed another application before the Conciliation Officer. The Conciliation officer issued notice to all parties.

Can a party of a dispute which has already prending at the stage of adjudication raise a fresh dispute on the same subject?



Learning

 3 Replies


(Guest)

There is no bar for raising a separate dispute before conciliation officer.  But the estranged workmen should have proceeded before the industrial tribunal, where the matter is already pending.  They have been wrongly advised to approach the conciliation officer.

Mugundhan (Lawyer)     14 October 2010

when the matter is pending for adjudication before the tribunal, a fresh dispute on the same set of facts cannot be raised before the conciliation officer. You can file a writ to quash the fresh proceedings before the conciliation officer.

Vinod Phulchand Pawar (Lawyer/Advocate)     18 October 2010

I agree with Prabhakarji. The workmen who affected with dispute can proceed  in the Reference, which is already penidng before the Industrial Tribunal. 


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