LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Guest (Guest)     31 May 2009

Industrial disputes act-individual workman

Before the conciliation officer, an individual workman can contest the case of his termination.  All other cases have to be contested by the union or substantial number of workmen.

Your problem pertains to "subsistence allowance", which can be challenged under Section 33 -C(2) of Industrial Disputes Act before the labour court by direcly filing application.  There, as an individual, you can contest the case.

Other-wise, you can file a civil suit for recovery, which is a little bit expensive.



 3 Replies

Guest (Guest)     31 May 2009

Before the conciliation officer, an individual workman can contest the case of his termination.  All other cases have to be contested by the union or substantial number of workmen.

Your problem pertains to "subsistence allowance", which can be challenged under Section 33 -C(2) of Industrial Disputes Act before the labour court by direcly filing application.  There, as an individual, you can contest the case.

Other-wise, you can file a civil suit for recovery, which is a little bit expensive.

Guest (Guest)     31 May 2009

You can not only contest the case yourself without engaging an advocate.  But also, on the first date of hearing, when management appears along with its advocate, you can object the appearance of management's advocate in Labour Court.   In the labour court, if the workman appears in court without advocate's assistance and objects the engagement of advocate on behalf of the management, on his FIRST APPEARANCE, his request will be granted.

Nalluchamyperumal (Dy.Manager - Personnel)     01 June 2009

you cannot file a case like that. Instead you are eligible for Subsistance Allowance which is 50% of the wages for the first 90 days, 75% upto 180 days and 100% after that. Hence you would not be at loss if the enquiry is delayed by the Management. If the Subsistance Allowance is not paid you may raise a case u/s 33C(2) of the ID Act before the Labour Court.

P.Nalluchamy

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register