Dear BS Kalsi ji, I just want to add to your reply to our Anonymous friend that before going to High court as you said, you need to file an appeal in Appellate Tribunal.
From India, Mumbai
2556From India, Mumbai
Respected Keshav Korgaonkar Sir,
I am grateful for your subsequent mail which has really enriched my knowledge. I have gone through the Industrial Disputes (Appellate Tribunal) Act,1950,where the provisions relating to Appellate Tribunal have been laid down. A doubt has arisen in my mind as to whether Appellate Tribunal has only jurisdiction over the matters dealt by Industrial Tribunals listed in the third schedule under ID Act or it has been empowered to deal with the matters dealt by the Labour court also. Secondly whether the matters dealt by the National Tribunal constituted under Section 7B of the ID Act are also appealable before the Appellate Tribunal or the appeal lies directly in the High court of the respective state.
BS Kalsi
Member since August 2011
From India, Mumbai
I am grateful for your subsequent mail which has really enriched my knowledge. I have gone through the Industrial Disputes (Appellate Tribunal) Act,1950,where the provisions relating to Appellate Tribunal have been laid down. A doubt has arisen in my mind as to whether Appellate Tribunal has only jurisdiction over the matters dealt by Industrial Tribunals listed in the third schedule under ID Act or it has been empowered to deal with the matters dealt by the Labour court also. Secondly whether the matters dealt by the National Tribunal constituted under Section 7B of the ID Act are also appealable before the Appellate Tribunal or the appeal lies directly in the High court of the respective state.
BS Kalsi
Member since August 2011
From India, Mumbai
Dear Keshav Ji,
Thanks very much for such a useful information.
Would you please clear the below mentioned point
"Contractual employees will not be covered by Rules and Regulations of Haryana Government"
Which rules and regulations have been mentioned here. Please elaborate.
Regards
Dinesh Kumar
From India, New Delhi
Thanks very much for such a useful information.
Would you please clear the below mentioned point
"Contractual employees will not be covered by Rules and Regulations of Haryana Government"
Which rules and regulations have been mentioned here. Please elaborate.
Regards
Dinesh Kumar
From India, New Delhi
Dear BS Kalsi ji,
I am delighted by kind words of appreciation by you and other members.
Sub section 1 of section 7 of ID (AT) Act 1950 says, appeal shall lie to Appellate Tribunal from any award or decision of Industrial Tribunal, if: (i) appeal involves any substantial question of Law; or (ii) the award or decision is in respect of matters stated in schedule lll as you said.
I am not a practicing advocate but on reading the provision, I made my view that appeal may lies to direct HC or SC from any award or decision of National Tribunal. I may be wrong also. Experts are requested to participate in this discussion.
From India, Mumbai
I am delighted by kind words of appreciation by you and other members.
Sub section 1 of section 7 of ID (AT) Act 1950 says, appeal shall lie to Appellate Tribunal from any award or decision of Industrial Tribunal, if: (i) appeal involves any substantial question of Law; or (ii) the award or decision is in respect of matters stated in schedule lll as you said.
I am not a practicing advocate but on reading the provision, I made my view that appeal may lies to direct HC or SC from any award or decision of National Tribunal. I may be wrong also. Experts are requested to participate in this discussion.
From India, Mumbai
Dear Mr. Keshav
Today I had a discussion with one of my friends regarding the below subject
" Industrial Tribunal not Labour Court to decide matters pertaining to bonus.HP HC 474 "
During that time he explained that if the strength of the employee is less than 100 then the Labour Court can decide the matters pertaining to Payment of Bonus Act and if the strength is more than 100, then only the Industrial Tribunal will come into picture.
This is for your information please.
From India, Kumbakonam
Today I had a discussion with one of my friends regarding the below subject
" Industrial Tribunal not Labour Court to decide matters pertaining to bonus.HP HC 474 "
During that time he explained that if the strength of the employee is less than 100 then the Labour Court can decide the matters pertaining to Payment of Bonus Act and if the strength is more than 100, then only the Industrial Tribunal will come into picture.
This is for your information please.
From India, Kumbakonam
Dear Dinesh Kumar ji,
This is a matter before Punjab and Haryana HC between Madhu Sudan vs. Presiding Officer, LC & other in which the workman is a special conductor appointed on contractual basic by Haryana Govt. Transport. The workmen committed fraud, misappropriation of money by tempering official record, way bill etc. He also misbehaved with one passenger.
In the domestic enquiry, he was found guilty of charges. During enquiry he even begged forgiveness before the EO for his wrong.
His services were terminated. On failure of appeal against termination order he raised industrial dispute. In this dispute, the labour court said that the enquiry conducted was fair and proper and dismissed the matter.
The workmen then filed writ petition challenging order of labour court on the ground that the rules prescribed under Harynana Civil Services (Punishment and Appeal) Rules, 1987 are not followed while conducting the enquiry.
In this case it is held that the rules and regulations of Haryana Govt. are not applicable to contractual employee.
From India, Mumbai
This is a matter before Punjab and Haryana HC between Madhu Sudan vs. Presiding Officer, LC & other in which the workman is a special conductor appointed on contractual basic by Haryana Govt. Transport. The workmen committed fraud, misappropriation of money by tempering official record, way bill etc. He also misbehaved with one passenger.
In the domestic enquiry, he was found guilty of charges. During enquiry he even begged forgiveness before the EO for his wrong.
His services were terminated. On failure of appeal against termination order he raised industrial dispute. In this dispute, the labour court said that the enquiry conducted was fair and proper and dismissed the matter.
The workmen then filed writ petition challenging order of labour court on the ground that the rules prescribed under Harynana Civil Services (Punishment and Appeal) Rules, 1987 are not followed while conducting the enquiry.
In this case it is held that the rules and regulations of Haryana Govt. are not applicable to contractual employee.
From India, Mumbai
Dear Boss,
Industrial tribunals decides mainly the collective disputes relating to matters specified in second or third schedule and labour courts decides individual disputes relating to matters specified in second schedule.
Normally, a dispute relating to a matter specified in third schedule is required to be referred to industrial tribunal but according to provisions under section 10(1), such disputes can be referred to a labour court if the workmen concerned who are likely to be affected are not more than 100.
Industrial Tribunals are established under section 7(a) of ID Act for adjudication of industrial disputes relating to any matter whether specified in the second schedule or third schedule. In view of specific provision under third schedule dealing with the bonus, it is clear that the jurisdiction to decide the disputes pertaining to bonus rests only with the industrial tribunals unless specifically and duly assigned such functions to the labour courts.
From India, Mumbai
Industrial tribunals decides mainly the collective disputes relating to matters specified in second or third schedule and labour courts decides individual disputes relating to matters specified in second schedule.
Normally, a dispute relating to a matter specified in third schedule is required to be referred to industrial tribunal but according to provisions under section 10(1), such disputes can be referred to a labour court if the workmen concerned who are likely to be affected are not more than 100.
Industrial Tribunals are established under section 7(a) of ID Act for adjudication of industrial disputes relating to any matter whether specified in the second schedule or third schedule. In view of specific provision under third schedule dealing with the bonus, it is clear that the jurisdiction to decide the disputes pertaining to bonus rests only with the industrial tribunals unless specifically and duly assigned such functions to the labour courts.
From India, Mumbai
Respected Korgaonkar ji,
In reference to your trailing mail, I wish to submit that though in practice, we see that generally the matter relating to individual disputes are dealt by Labour Court notwithstanding all the matters specified in Second Schedule are the disputes of collective nature.The matters relating to standing orders,withdrawal of customary concession/priviledge, strike or lock-out etc can not be the individual disputes.This is true that the Industrial Tribunal have jurisdiction over the matters specified either in Second or Third Schedule whereas the Labour Court's jurisdiction is confined to the matters specified in Second Schedule.
BS Kalsi
Member since August 2011
From India, Mumbai
In reference to your trailing mail, I wish to submit that though in practice, we see that generally the matter relating to individual disputes are dealt by Labour Court notwithstanding all the matters specified in Second Schedule are the disputes of collective nature.The matters relating to standing orders,withdrawal of customary concession/priviledge, strike or lock-out etc can not be the individual disputes.This is true that the Industrial Tribunal have jurisdiction over the matters specified either in Second or Third Schedule whereas the Labour Court's jurisdiction is confined to the matters specified in Second Schedule.
BS Kalsi
Member since August 2011
From India, Mumbai
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