Please advise me, what will happen when - In the case of a workman's termination, conciliation has failed, and after 45 days, the applicant went directly to the labor court. The labor court also accepted his application, and the trial is ongoing. But after some time, if the opposing party opposes the applicant's case, stating that since no reference has been given by the labor commissioner, what will happen? Can the reference process in the labor court continue in such a situation?
Please revert.
From India, Patna
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Please revert.
From India, Patna
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Dear Birendra,
Perhaps the management was not aware of the amendment carried out to section 2-A of the IDA, 1947 in 2010. A subsection (2) stands introduced into sec. 2-A of the Act whereby the employee after the expiry of 45 days from the date of filing his application u/s 2-A (1) before the Conciliation Officer can directly approach the Labour Court u/s 2-A (2) without waiting for the Officer's report of conciliation failure.
So such an objection by the management would certainly be overruled by the Court.
From India, Salem
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6185Perhaps the management was not aware of the amendment carried out to section 2-A of the IDA, 1947 in 2010. A subsection (2) stands introduced into sec. 2-A of the Act whereby the employee after the expiry of 45 days from the date of filing his application u/s 2-A (1) before the Conciliation Officer can directly approach the Labour Court u/s 2-A (2) without waiting for the Officer's report of conciliation failure.
So such an objection by the management would certainly be overruled by the Court.
From India, Salem
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Dear Sir,
I heard that a case occurred between Nabard UP and applicants, which was challenged in the Allahabad High Court. The judgment was given in favor of the applicant, and the case is currently ongoing in the CGIT. If you could provide the case number, I would be very grateful.
Thank you.
From India, Patna
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I heard that a case occurred between Nabard UP and applicants, which was challenged in the Allahabad High Court. The judgment was given in favor of the applicant, and the case is currently ongoing in the CGIT. If you could provide the case number, I would be very grateful.
Thank you.
From India, Patna
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Dear Birendra,
I have no idea about the case referred to by you. The opinion I gave is only based on my own understanding of the amended provision of section 2-A of the IDA, 1947 effective from 2010 onwards, and I am not prepared to comment on the above case without going through the judgment. Misinterpretation is always the product of mistaken facts. Therefore, try to upload the judgment to enlighten the forum.
From India, Salem
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I have no idea about the case referred to by you. The opinion I gave is only based on my own understanding of the amended provision of section 2-A of the IDA, 1947 effective from 2010 onwards, and I am not prepared to comment on the above case without going through the judgment. Misinterpretation is always the product of mistaken facts. Therefore, try to upload the judgment to enlighten the forum.
From India, Salem
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