Dear Friends,
An Associate in a BPO is considered a workman under Section 2(s) of the ID Act, and therefore falls under the jurisdiction of the Labour Department. This means that an industrial dispute can be raised by such an employee.
Warm Regards,
Bharat Gera
HR Consultant
9322404765
From India, Thane
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240An Associate in a BPO is considered a workman under Section 2(s) of the ID Act, and therefore falls under the jurisdiction of the Labour Department. This means that an industrial dispute can be raised by such an employee.
Warm Regards,
Bharat Gera
HR Consultant
9322404765
From India, Thane
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Hi All,
Management submitted a reply to the Labour department. They challenged the jurisdiction of the Labour office, stating that "there were no documents annexed with the summons despite there being specific averment in this regard in the summons signed by the Labour inspector. It is submitted that this seems to be a regular practice of this department of issuing summons without providing documentation of the case, leaving the management at a total loss to understand why the summons have been sent before it.
The summons are also completely silent about the provision of law under which they have been sent and the nature of the enquiry that is contemplated. It is submitted that if these summons are for conciliation proceedings, the management is not interested in any such conciliation, and the matter ought to be closed and dismissed on this date of the hearing itself.
I need a response to this reply from the management along with the format.
From India, Delhi
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Management submitted a reply to the Labour department. They challenged the jurisdiction of the Labour office, stating that "there were no documents annexed with the summons despite there being specific averment in this regard in the summons signed by the Labour inspector. It is submitted that this seems to be a regular practice of this department of issuing summons without providing documentation of the case, leaving the management at a total loss to understand why the summons have been sent before it.
The summons are also completely silent about the provision of law under which they have been sent and the nature of the enquiry that is contemplated. It is submitted that if these summons are for conciliation proceedings, the management is not interested in any such conciliation, and the matter ought to be closed and dismissed on this date of the hearing itself.
I need a response to this reply from the management along with the format.
From India, Delhi
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Dear Rupal,
What is described in the post is indicative of the haphazard manner notices are sent to the parties to disputes by certain Labor Officers. Whenever a notice for enquiry is sent to the employer, it is essential that the copy of the complaint is enclosed so as to enable the employer to offer his remarks. Otherwise, one cannot find fault with such response from the employers. However, at the same time, the stand of the management about the maintainability of the complaint as well as the jurisdiction of the Labor Officer is totally wrong. The arbitration clause in the appointment orders cannot take away the jurisdiction of conciliation under the Industrial Disputes Act, 1947. In the case of a dispute raised under the ID Act, 1947, the very question of whether the complainant is a workman or not is, in sum and substance, a dispute which should be decided in adjudication only.
Therefore, I would advise you to file a rejoinder setting forth the above position and request the conciliation officer to issue a conciliation notice under section 12(1) of the ID Act. If the Management is not forthcoming with any other option, he can declare that the conciliation failed. Upon receipt of that failure report, you can file a case under section 2-A(2) of the Act before the Labor Court for the area.
From India, Salem
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What is described in the post is indicative of the haphazard manner notices are sent to the parties to disputes by certain Labor Officers. Whenever a notice for enquiry is sent to the employer, it is essential that the copy of the complaint is enclosed so as to enable the employer to offer his remarks. Otherwise, one cannot find fault with such response from the employers. However, at the same time, the stand of the management about the maintainability of the complaint as well as the jurisdiction of the Labor Officer is totally wrong. The arbitration clause in the appointment orders cannot take away the jurisdiction of conciliation under the Industrial Disputes Act, 1947. In the case of a dispute raised under the ID Act, 1947, the very question of whether the complainant is a workman or not is, in sum and substance, a dispute which should be decided in adjudication only.
Therefore, I would advise you to file a rejoinder setting forth the above position and request the conciliation officer to issue a conciliation notice under section 12(1) of the ID Act. If the Management is not forthcoming with any other option, he can declare that the conciliation failed. Upon receipt of that failure report, you can file a case under section 2-A(2) of the Act before the Labor Court for the area.
From India, Salem
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Management mentioned in their reply that the Labour department did provide a reason for the summons. The Management requested to terminate the conciliation proceedings by stating, "Respondent management is not aware of the reason for the summons." However, they did provide a detailed response based on the complaint lodged by me. Additionally, there is always a reason given in the notice.
1. Can the Labour department take action against the management in this case?
2. What will happen to the Arbitration proceedings as the hearing is currently ongoing in the labour department? Will it be automatically canceled after a specific time?
From India, Delhi
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1. Can the Labour department take action against the management in this case?
2. What will happen to the Arbitration proceedings as the hearing is currently ongoing in the labour department? Will it be automatically canceled after a specific time?
From India, Delhi
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Management mentioned in their reply that the Labour department did provide a reason for the summons. The management requested to terminate the conciliation proceedings by stating, "Respondent management is not aware of the reason for the summons." However, they did reply in detail as per the complaint lodged by me. Moreover, there is always a reason given in the notice.
Can the Labour department take action against the management in this case? What will happen to the arbitration proceedings as the hearing is ongoing in the labour department? Will they be automatically cancelled after a specific time?
From India, Delhi
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Can the Labour department take action against the management in this case? What will happen to the arbitration proceedings as the hearing is ongoing in the labour department? Will they be automatically cancelled after a specific time?
From India, Delhi
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Dear friend,
The duty of a Conciliation Officer under the ID Act of 1947 is to bring the parties to the dispute together, discuss the points of their differences in his presence, and help them reach an acceptable solution. When it is not possible due to the intransigence of anyone or both parties, he has to declare that conciliation has failed and submit his report to the Appropriate Government, setting forth the reasons for failure and recommending further action, such as referring the dispute for adjudication. Therefore, it is an administrative function only. No Conciliation Officer can take any penal action against any party to the dispute for their rigid stance or non-cooperation.
From India, Salem
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The duty of a Conciliation Officer under the ID Act of 1947 is to bring the parties to the dispute together, discuss the points of their differences in his presence, and help them reach an acceptable solution. When it is not possible due to the intransigence of anyone or both parties, he has to declare that conciliation has failed and submit his report to the Appropriate Government, setting forth the reasons for failure and recommending further action, such as referring the dispute for adjudication. Therefore, it is an administrative function only. No Conciliation Officer can take any penal action against any party to the dispute for their rigid stance or non-cooperation.
From India, Salem
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The Respondent management submitted a written reply to the notice sent by the Labour department. I also submitted a response to that reply in detail with supporting documents during the next hearing. Now, they have denied to submit any further reply to my response.
1. Is this a fair practice to not provide a response to the Claimant? What could be the reasons behind this?
2. Should I write a letter to the Assistant Labour Commissioner stating that the Respondent management denied to provide a response?
3. Is there any option left to settle the dispute outside of the court?
From India, Delhi
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1. Is this a fair practice to not provide a response to the Claimant? What could be the reasons behind this?
2. Should I write a letter to the Assistant Labour Commissioner stating that the Respondent management denied to provide a response?
3. Is there any option left to settle the dispute outside of the court?
From India, Delhi
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Dear Rupal,
Proceedings before a forum for resolution of any dispute are not a seesaw game for the disputants to file a complaint, counter, rejoinder, additional counter, and so on endlessly for each and every imputation. You have raised a dispute, and the management filed their counter statement for which you filed a rejoinder - that's all. Now, you have to allow the Conciliation Officer to suggest alternative solutions if any from his side to bring down the points of dispute and persuade you both for an amicable settlement or declare his conciliation failed. Amicable settlement does not mean a win-win situation but a both-gain situation which implies certain sacrifices on both sides. Therefore, do not try to hang on to empty formalities. Decide for yourself what you want finally - reinstatement or compensation for the wrongful termination. Only that can pave the way for an out-of-court settlement at any stage.
From India, Salem
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Proceedings before a forum for resolution of any dispute are not a seesaw game for the disputants to file a complaint, counter, rejoinder, additional counter, and so on endlessly for each and every imputation. You have raised a dispute, and the management filed their counter statement for which you filed a rejoinder - that's all. Now, you have to allow the Conciliation Officer to suggest alternative solutions if any from his side to bring down the points of dispute and persuade you both for an amicable settlement or declare his conciliation failed. Amicable settlement does not mean a win-win situation but a both-gain situation which implies certain sacrifices on both sides. Therefore, do not try to hang on to empty formalities. Decide for yourself what you want finally - reinstatement or compensation for the wrongful termination. Only that can pave the way for an out-of-court settlement at any stage.
From India, Salem
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Dear Rupal,
Please clarify whether your application is in Petition Stage or the same is treated as "ID" with reference Number. If it is in Petition Stage, later on Conciliation Officer will convert the same as ID & hold conciliation proceedings & send Failure Report. The matter will be referred to Labour Court for adjudication by framing issues & relief entitled to the Petitioner.
Just because proceedings are held in Conciliation Officer's office, it cannot be construed that Conciliation proceedings are held. What stand has Management taken regarding your Termination? Do they consider you as an Employee under ID Act, or have they denied that you are not a Workman?
From India, New Delhi
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Please clarify whether your application is in Petition Stage or the same is treated as "ID" with reference Number. If it is in Petition Stage, later on Conciliation Officer will convert the same as ID & hold conciliation proceedings & send Failure Report. The matter will be referred to Labour Court for adjudication by framing issues & relief entitled to the Petitioner.
Just because proceedings are held in Conciliation Officer's office, it cannot be construed that Conciliation proceedings are held. What stand has Management taken regarding your Termination? Do they consider you as an Employee under ID Act, or have they denied that you are not a Workman?
From India, New Delhi
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Respondent management had submitted their reply in writing that the Labour department did mention the reason for the summons. Management had requested to terminate conciliation proceedings by stating "Respondent management is not aware of the reason for the summons." However, they replied in detail as per the complaint lodged by me. Moreover, there is always a reason in the notice.
Despite Respondent management's request to terminate proceedings, the hearing is still ongoing according to the complaint lodged by me. I was told that maybe in the next hearing, the Labour officer will make the final decision. Respondent management didn't mention any ID Act in their reply. However, they stated that "Respondent is unwilling to take her back on their rolls."
1. Can the Labour department take action against the management as they made very serious allegations against the Labour office?
2. Will the Labour department refer this dispute to the Labour court, or would it be my prerogative?
From India, Delhi
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Despite Respondent management's request to terminate proceedings, the hearing is still ongoing according to the complaint lodged by me. I was told that maybe in the next hearing, the Labour officer will make the final decision. Respondent management didn't mention any ID Act in their reply. However, they stated that "Respondent is unwilling to take her back on their rolls."
1. Can the Labour department take action against the management as they made very serious allegations against the Labour office?
2. Will the Labour department refer this dispute to the Labour court, or would it be my prerogative?
From India, Delhi
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Labour department.pdf
IR Labour Management.ppt