Kumar Birendra (Pvt Service ) 19 August 2021

What will happen when labour commissioner is silent in case of failure of conciliation in work man termination

Dear Sir ,

Please advice me , what will happen when - In case of workman termination , conceliation has failed & after 45 days applicant went to directly in labour court , labour court also accept his application , trial is going on but after some times if anty party has opposes the applicant case saying that since no refrence is till given by labour commisioner then what will happend
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Quick Summary

This discussion explores the legal implications when a Labour Commissioner remains silent after conciliation fails in a workman termination case. The original poster is concerned about a Labour Court accepting an application and proceeding with a trial, only for the opposing party to raise the issue of the Commissioner's lack of reference. While acknowledging the need for more specific details, the general consensus is that the Labour Court's jurisdiction and the validity of the proceedings might be questioned if the proper procedural steps haven't been followed by the Commissioner.