Hi Everybody,
I have a small confusion regarding something; I hope someone can help me out,
We know that an employee can raise an industrial dispute regarding discharge/dismissal/ termination / retrenchment through sec2A of ID Act 1947.
Now my question is how will an employee raise a dispute or in other words what will be the recourse for an employee through ID Act 1947 incase the dispute doesn't fall in the above 4 categories, such as dispute regarding OT payment, unfair labour practice etc.?
Eagerly waiting for your response.
Thanks and regards
From India, New Delhi
10I have a small confusion regarding something; I hope someone can help me out,
We know that an employee can raise an industrial dispute regarding discharge/dismissal/ termination / retrenchment through sec2A of ID Act 1947.
Now my question is how will an employee raise a dispute or in other words what will be the recourse for an employee through ID Act 1947 incase the dispute doesn't fall in the above 4 categories, such as dispute regarding OT payment, unfair labour practice etc.?
Eagerly waiting for your response.
Thanks and regards
From India, New Delhi
Dear All, 7 views and still no replies!!! Is it a tough one that I have asked??? Still waiting eagerly. Regards
From India, New Delhi
From India, New Delhi
Industrial Disputes Act does not confine its purview to settlement of disputes arising out of retrenchment/ discharge or dismissal but it is meant for settlement of any dispute between the employer and employee or between employee and employee. As such if there is any dispute or dis agreement on over time payment or non payment of overtime wages, or if you have any dispute relating to non payment of any customary allowance, or leave or leave encashment you can refer it for conciliation or Labour Court or Tribunal for redressal. If you experience any unfai labour practice, you can definitely approach the authorities under the ID Act like Conciliation Officer, Board of Conciliation, Court of Enquiry, Labour Court, Industrial Tribunal and National Tribunal. For jurisdiction of Labour Court and Tribunal, refer schedule II and III of the ID Act.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Dear Mr Madhu,
Thanks for your reply and clarification but to be very honest I am still not satisfied. What you are saying is all disputes can be settled through conciliation , arbitration and adjudication. but a dispute can only be settled if it is raised by an individual / employee. So in that case we know that under the above mentioned causes i.e. discharge/dismissal/ termination/ retrenchment a dispute can be raised by an employee and settled through conciliation, arbitration and adjudication through sec 2A of ID Act
1947. But what will happen if the dispute is not regarding the above 4 cases. Then what is the respite for the employee cause he cannot raise a dispute through through sec 2A. In that case what will be the recourse for the employee and under which Section of ID Act 1947 can the individual raise a dispute??
Hope I had made my self clear?
Regards
From India, New Delhi
Thanks for your reply and clarification but to be very honest I am still not satisfied. What you are saying is all disputes can be settled through conciliation , arbitration and adjudication. but a dispute can only be settled if it is raised by an individual / employee. So in that case we know that under the above mentioned causes i.e. discharge/dismissal/ termination/ retrenchment a dispute can be raised by an employee and settled through conciliation, arbitration and adjudication through sec 2A of ID Act
1947. But what will happen if the dispute is not regarding the above 4 cases. Then what is the respite for the employee cause he cannot raise a dispute through through sec 2A. In that case what will be the recourse for the employee and under which Section of ID Act 1947 can the individual raise a dispute??
Hope I had made my self clear?
Regards
From India, New Delhi
Dear Sir,
Thanks a lot for the clarification you provided on ID Act. It is very useful for me.I have a question for you as follows.
1. Our Organization's Registered Office is at Delhi
2. PF No. is also at Delhi
3. ESI No. is also at Delhi
4. We effected Revision of Minimum Wages according to Delhi Minimum Wages Revision last time dated 1.2.09
5. Our Organization Place of Operation is Gurgaon, Haryana under Punjab Shop & Commercial Establishment Act 1948
6. Haryana has also revised its Minimum Wage dtd 25.7.09 which we didn't effect as i thought we are under Delhi Minimum Wage Act
7. As Delhi Minimum Wage is revised again when i proposed for change in salary of employees below Minimum Wages the management is refusing to accept by citing that our organization is covered under Haryana Minimum Wage Act.
Hence please advise what to do? Whether i will tell management to ask for legal opnion or effect the change?
Awaiting your reply,
I remain,
Regards
JB Panda
Senior Executive-HR
From India, New Delhi
Thanks a lot for the clarification you provided on ID Act. It is very useful for me.I have a question for you as follows.
1. Our Organization's Registered Office is at Delhi
2. PF No. is also at Delhi
3. ESI No. is also at Delhi
4. We effected Revision of Minimum Wages according to Delhi Minimum Wages Revision last time dated 1.2.09
5. Our Organization Place of Operation is Gurgaon, Haryana under Punjab Shop & Commercial Establishment Act 1948
6. Haryana has also revised its Minimum Wage dtd 25.7.09 which we didn't effect as i thought we are under Delhi Minimum Wage Act
7. As Delhi Minimum Wage is revised again when i proposed for change in salary of employees below Minimum Wages the management is refusing to accept by citing that our organization is covered under Haryana Minimum Wage Act.
Hence please advise what to do? Whether i will tell management to ask for legal opnion or effect the change?
Awaiting your reply,
I remain,
Regards
JB Panda
Senior Executive-HR
From India, New Delhi
Dear Mr. Panda, Please stick to the topic in discussion. If you have a query please do start a different thread. We would be more then happy to answer your query. Regards
From India, New Delhi
From India, New Delhi
Hi Panda,
Sorry Awvik.
Your company Registered office is in Delhi which also registered under S&E? Pls clarify.
Point 2 & 3: No issue, EPF is centralised in all India and it can one in All India basis but must meet the MWA. Esic in Delhi & NCR can single but meet the MWA.
All India MWA is revised twice in a year some time thrice very rare. Normally February & September.
Problem is not falls whether u follow up the MWA of Haryana or Delhi, You can select the Higher MW to avoid any issue.
Ask the Management to take the Legal Review. The Management is bound to pay MWA.
You should revise the Salary on location basis. Management has to maintain the Separate Wages Register on location basis if strict to follow / pay less than Delhi MWA.
Rgds
Santosh
From India, New Delhi
Sorry Awvik.
Your company Registered office is in Delhi which also registered under S&E? Pls clarify.
Point 2 & 3: No issue, EPF is centralised in all India and it can one in All India basis but must meet the MWA. Esic in Delhi & NCR can single but meet the MWA.
All India MWA is revised twice in a year some time thrice very rare. Normally February & September.
Problem is not falls whether u follow up the MWA of Haryana or Delhi, You can select the Higher MW to avoid any issue.
Ask the Management to take the Legal Review. The Management is bound to pay MWA.
You should revise the Salary on location basis. Management has to maintain the Separate Wages Register on location basis if strict to follow / pay less than Delhi MWA.
Rgds
Santosh
From India, New Delhi
Dear Awvik,
I presume that your query is regarding disputes other than non-employment dispute. Disputes relating to other conditions of service such as Charter of Demands, Wage revision, etc will be covered u/s 2 K of the ID Act. But necessarily, such disputes have to be espoused by a registered union and an individual workman cannot raise a dispute u/s 2K of the ID Act. Hope I got your query right.
regards,
Patrick Ryan
From India, Madras
I presume that your query is regarding disputes other than non-employment dispute. Disputes relating to other conditions of service such as Charter of Demands, Wage revision, etc will be covered u/s 2 K of the ID Act. But necessarily, such disputes have to be espoused by a registered union and an individual workman cannot raise a dispute u/s 2K of the ID Act. Hope I got your query right.
regards,
Patrick Ryan
From India, Madras
For raising an industrial dispute under section 2A Of ID Act for Dismissal,Discharge, Retrenchment and Termination of a workmen has to first raise the dispute before the local concilation machinery. The concilation officer would try to get an amicable settlement between the mangement and the aggreived workmen but if no settlement is arrived at, the CO will submit a failure report to the appropriate Goverment (ie the Labour Commissioner of the State). On the reciept of the failure report the Goverment will make a reference under section 10 of the ID Act to the Labour Court/Industrial Tribunal to adjudicate whether the dismissal/termination was justified or lega Incase if the the termination is found to be illegal to what benfits he would be entitled. After the adjudication ofo the dispute by LC/IT the award is given which is submitted to the appropriate Government. The award becomes enforceable after a expiry of stipulated time.
Incase of dispute arising out of non payment of overtime and other benefits which can be commuted in terms of money, the workmen has the the remedy of moving the specified Labour Court under section 33 C(2) of the ID Act. In this case the workmen is not required to go through the Concilation Machinery.
I trust to an extent I could bring clarity to your difficult query. Regards, Ashok K. Ghose, Pune
From India
Incase of dispute arising out of non payment of overtime and other benefits which can be commuted in terms of money, the workmen has the the remedy of moving the specified Labour Court under section 33 C(2) of the ID Act. In this case the workmen is not required to go through the Concilation Machinery.
I trust to an extent I could bring clarity to your difficult query. Regards, Ashok K. Ghose, Pune
From India
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