I need clarification for the following my doubts please....
1. Is there any possibility to raise an industrial dispute by an individual for other than Dismissal / Discharge / Retrenchment or other Termination activities u/s 2A of ID Act 1947.
2. What is the hierarchy for raise an Industrial dispute. Can anyone directly file a writ to Labour court / High court before Conciliation / Arbitration Under ID Act 1947. If Yes / No pls refer me the flowchart / procedure.
3. Who will be an Arbitrator? What is the procedure for appoint an arbitrator for an arbitration?
Pls share your views with respect to the Act......
From India, Kolkata
21. Is there any possibility to raise an industrial dispute by an individual for other than Dismissal / Discharge / Retrenchment or other Termination activities u/s 2A of ID Act 1947.
2. What is the hierarchy for raise an Industrial dispute. Can anyone directly file a writ to Labour court / High court before Conciliation / Arbitration Under ID Act 1947. If Yes / No pls refer me the flowchart / procedure.
3. Who will be an Arbitrator? What is the procedure for appoint an arbitrator for an arbitration?
Pls share your views with respect to the Act......
From India, Kolkata
Section 2 (A) Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.
Writ Jurisdiction is before the High Court only. Individual Disputes other than the Industrial Disputes can be raised before the Labour court, directly. However normally Court raises a question, before accepting the claim, the whether the claimant has exhausted all the avenues available, to resolve the Industrial Dispute. The normal procedure is to raises a dispute before the Conciliation Officer. On submission of failure report by the Conciliation officer, if referred, the case would be numbered before the Labour Court.
Industrial disputes cannot be raised before the Higher Court, directly. However based on the order of Labour Court, the claimant can approach the higher court on a specific deficiency / demerit/ error.
Under the The Arbitration Act, dispute can be referred, for Arbitration, after completion of conciliation proceedings and during the conciliation proceedings, both parties agree for arbitration, in writing.
From India, Madras
Writ Jurisdiction is before the High Court only. Individual Disputes other than the Industrial Disputes can be raised before the Labour court, directly. However normally Court raises a question, before accepting the claim, the whether the claimant has exhausted all the avenues available, to resolve the Industrial Dispute. The normal procedure is to raises a dispute before the Conciliation Officer. On submission of failure report by the Conciliation officer, if referred, the case would be numbered before the Labour Court.
Industrial disputes cannot be raised before the Higher Court, directly. However based on the order of Labour Court, the claimant can approach the higher court on a specific deficiency / demerit/ error.
Under the The Arbitration Act, dispute can be referred, for Arbitration, after completion of conciliation proceedings and during the conciliation proceedings, both parties agree for arbitration, in writing.
From India, Madras
Dear Colleagues,
1 The subject of industrial dispute is governed under the provisions of the Industrial Disputes Act/Rules and in Maharashtra also under MRTU& PULP Act.
2. Any aggrieved individual workman can raise the dispute on his termination/retrenchment etc.
3 . Under the Act conciliation proceedings are held by the Conciliation Officer once the dispute is raised. He tries to bring about amicable settlement by holding discussions with the parties.
If the dispute is not settled at his level, he sends failure report to the Govt.
The govt may refer the dispute to the Labour Court on merits and the aggrieved workman cannot directly refer to the Court.
However, under MRTU & PULP Act , any aggrieved workman can directly approach to the Labour Court on his termination.
Any dispute of collective nature(concerning many workers) has to be raised by the Union. Individual workmen cannot raise dispute on behalf of other workmen relating to collective matters.
4. The ID act also provides for Arbitration for settlement of collective issues for which refer to the provisions.
5 Writs fall within
the jurisdiction of High/Apex court and not Labour Courts/Tribunal
6 There is no hierarchy or flow chart involved.
Regards,
Vinayak Nagarkar
HR- Consultant
From India, Mumbai
1 The subject of industrial dispute is governed under the provisions of the Industrial Disputes Act/Rules and in Maharashtra also under MRTU& PULP Act.
2. Any aggrieved individual workman can raise the dispute on his termination/retrenchment etc.
3 . Under the Act conciliation proceedings are held by the Conciliation Officer once the dispute is raised. He tries to bring about amicable settlement by holding discussions with the parties.
If the dispute is not settled at his level, he sends failure report to the Govt.
The govt may refer the dispute to the Labour Court on merits and the aggrieved workman cannot directly refer to the Court.
However, under MRTU & PULP Act , any aggrieved workman can directly approach to the Labour Court on his termination.
Any dispute of collective nature(concerning many workers) has to be raised by the Union. Individual workmen cannot raise dispute on behalf of other workmen relating to collective matters.
4. The ID act also provides for Arbitration for settlement of collective issues for which refer to the provisions.
5 Writs fall within
the jurisdiction of High/Apex court and not Labour Courts/Tribunal
6 There is no hierarchy or flow chart involved.
Regards,
Vinayak Nagarkar
HR- Consultant
From India, Mumbai
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