Hallo Respected seniors,
i want to know the juridiction in terms of powers, of labour courts. in other words, i want to know where can i file a case that is coming under different acts of labour law. eg---how do i know that a particular case would go to the labour inspector directly or some other higher officer/forum. Also want to know the powers each of the labour court/officer holds and appeal, basically the hierchacy of moving one case under labour laws
Regards
From India, Chandigarh
i want to know the juridiction in terms of powers, of labour courts. in other words, i want to know where can i file a case that is coming under different acts of labour law. eg---how do i know that a particular case would go to the labour inspector directly or some other higher officer/forum. Also want to know the powers each of the labour court/officer holds and appeal, basically the hierchacy of moving one case under labour laws
Regards
From India, Chandigarh
Sub-labour disputes
You cannot file every labour dispute before one court or authority.Every labor Act consttitues a machinery for settlment of disputes arising out of the matters it is covering
.
1) Industrial disputes concerning service conditions terms of employment terminations etc, will be adjudicated by the Labour Court or Industrial Tribunals.
2) if the matter falls under the Payment of wages Act, the matter will be subject to the jurisdiction of the Wages Authority.
3) If there is a dispute about the rates of minimum wages, the application has to be made before the appropriate authority under Minimum Wages Act
4) If there is any dispute about P.F contributions, there is a P.F Trinbunal to decide such matters
5) If thers is any dispute about the applicability of ESI Act or contributions, the matter is to be decided by the Insuramce Court under the ESI Act.
Like this, there are different forums for different labour disputes.
B.Saikumar
HR & Labour Law consultant
Chipinbiz Consultancy. Pvt.Ltd
Mumbai
Tel: 022-28324234
From India, Mumbai
You cannot file every labour dispute before one court or authority.Every labor Act consttitues a machinery for settlment of disputes arising out of the matters it is covering
.
1) Industrial disputes concerning service conditions terms of employment terminations etc, will be adjudicated by the Labour Court or Industrial Tribunals.
2) if the matter falls under the Payment of wages Act, the matter will be subject to the jurisdiction of the Wages Authority.
3) If there is a dispute about the rates of minimum wages, the application has to be made before the appropriate authority under Minimum Wages Act
4) If there is any dispute about P.F contributions, there is a P.F Trinbunal to decide such matters
5) If thers is any dispute about the applicability of ESI Act or contributions, the matter is to be decided by the Insuramce Court under the ESI Act.
Like this, there are different forums for different labour disputes.
B.Saikumar
HR & Labour Law consultant
Chipinbiz Consultancy. Pvt.Ltd
Mumbai
Tel: 022-28324234
From India, Mumbai
Hi,
The Industrial disputes rules enacted by every State under Industrial Disputes Act, 1947 provide subject wise jurisdictions of labour Court and Industrial Tribunals. Apart from it, the particular Act, also provides the redressal authority competent to resolve the dispute or to look into any complaint. In general the a complaint can be made to the Labour Enforcemet Officer, Assistant Labour Commissioner of district.
Pradeep
From India, Agra
The Industrial disputes rules enacted by every State under Industrial Disputes Act, 1947 provide subject wise jurisdictions of labour Court and Industrial Tribunals. Apart from it, the particular Act, also provides the redressal authority competent to resolve the dispute or to look into any complaint. In general the a complaint can be made to the Labour Enforcemet Officer, Assistant Labour Commissioner of district.
Pradeep
From India, Agra
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.