Kumar Birendra (Pvt Service ) 21 August 2021

When labour commissioner not refer the case in labour court

Dear Sir ,

My service was terminated by employer and then i had filed a case against employer in front of labour commissioner, but unfortunately conciliation was failure. After that without reference , i directly approach the labour court after 45 days , labour court also accepted my case but it has been always opposes by anti party ( Management ) that since reference is till not provided by labour commission in such situation the applicant should approach high court for writ in place of labour court.

This case is not comes under the territorial jurisdiction of this labour court always saying by management ( opposite party)

Please advice me what will happen in such situation , is labour court continue that case ?

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4 Replies

Vasundhara Singh (Student) 03 September 2021

Dear Reader, According to the provisions of the Industrial disputes Act, most of industrial disputes are referred to the labour court or tribunal. The procedure starts with the reference of the dispute to the conciliation officer and in case if he is unable to solve the dispute, he reports the same to the appropriate government and the government refers the dispute to the Labour Court. In certain matters, the aggrieved can directly approach the labour court and it is at the discretion of the court to accept the matter. If the matter is accepted by the court, the proceedings will continue there and the same cannot be challenged. In your case, your service was terminated by the employer and the same is covered under the jurisdiction of the labour court and hence the opposite party cannot oppose it. The labour court can continue to hear your case without any hindrances. Thank You Regards Vasundhara Singh

Kumar Birendra (Pvt Service ) 03 September 2021

Thanks for yours valuable suggestion sir Sir can you revert that - an applicant can request the labour court during middle of proceding , to , prevent the oppsite side advocate on the basis of sec 36(4) of industrial dispute act 1947 when feeling unneccessary delay from other party advocate Please revert Kumar Birendra

Pradipta Nath (Advocate) 05 September 2021

There may be a Industrial dispute but not all employees are within the purview of Labour Court. There are plenty cases where the Petitioner loose just because of jurisdictional issue. Therefore please get proper appreciation of facts before any competent Advocate. Aside, I need to go through the documents and you before forming any opinion.

Mahi 09 September 2021

If conciliations does bot conclude ion 45 days,workman has all rights to file the case directly before the labour court. Regarding sec-36(4) you can impose the same if u r interested in debarring the employer advocate. Rgarding objections by the opposite party, it is very common with all employer, you just need to focus on your actions, such objections remains mere objections only.If any any further help do conatct at 8077808343