Labour Office Concilation Process - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Vivian Chandrashekar
Aast. Gen. Manager-hr
Rajsinghphogat
Labour Law Consultant
Attorney24x7@gmail.com
Service In The Legal Deptt.
+4 Others

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hi seniors
in a labour office conconcilation process union file dispute petition under 2k of id act it includes name of one officer as frist respondent
and managment as 2nd respondent is it correct? on what grounds managment can defent pl clarify

Dear Member, Please elaborate the matter of claim. Subsequently we can able to answer accordingly. Regards, Shivnendra K
You need to be clear as to what you exactly want. Kindly elaborate the details to enable the members to answer the query. Whenever there is any difference or dispute between the management and the workmen/union with regard to any term of employment or condition of service, the union can raise a dispute under Sec.2(k) of the I.D Act by filing an application or statement of claim in before the Conciliation Officer in which it describes the union as applicant and the management as non-applicant. after that the Conciliation officer calls both the parties for discussion. This in short is the beginning of conciliation proceedings.
B.Saikumar
HR v& Labour Law Advisor
Mumbai

Dear member,
The underlying spirit of the I.D.Act,1947 is peaceful resolution of industrial disputes through the process of Collective Bargaining.It can be culled out from the very words used in the definition of the term 'industrial dispute'.The words 'employers', 'workmen','dispute', 'difference' occuring therein have strict pluralistic connotation except in the case of discharge or dismissal or any other type of termination of an individual workman.However, in legal parlance, it is a custom-bound practice to address the employer only as 'the management' other than in those specific proceedings involving criminal breech.Inasmuchas I am able to understand that the claim filed by the union is a dispute u/s 2k, the inclusion of the individual officer of the concern is a misjoinder and as such it'll not have any legal implication at any stage of the proceedings.

Hi
Your question is unclear. But the position of legal system in our country is that any one can file any case without any connection and the respective parties will get notice.
But during the process of adjudication, you have to clarify to Court or conciliation how each are not connected failing which the case will proceed exparte. Hence, it is necessary for parties to appear and clarify the points raised even if they are not connected with dispute.

Dear All, i need some information regarding consultany company for new starting. regard muhibullah
Mr. Muhibullah, I understand you are in Afghanistan. You want details in India or where? Regards.
The concialiation proceedings impleading an officer as first party is non other but misjoinder of party and there is going to be no complication for the officer.The concillation proceedings are but peaceful resolution between parties else the same is referred to labourcourt /Industrial Tribunal.
Regards,
S.K.Tyagi
Sr.Manager-Legal
Mawana Sugars Ltd.

Dear All,
Hope you are doing well !
I required your advice related to a case. The facts of the cases are:-
1. The company placed an order to supply the labor to perform certain job.
2. The work has finished in the month of October, 2012.
3. The company settled the payment of contractor.
Now, some labors claimed unpaid wages through a registered union stating that being a principle employer the company have to pay the due wages cause of non payment of wages by the contractor.
What can we do in particular case cause company has only payment details. They dont have any labor details to check whether those labor worked or not?
Please advice ASAP.
Regards,
(RAHUL KUMAR)

Dear Mr.Rahul,
Pl go thru S 21 of the Contract Labour(Regulation n Abolition) Act,1970 which clearly enjoins the responsibility for payment of wages both upon the Contractor n the Principal Employer;sub-sec(4) of S 21 says" In case the contractor fails to make payment of wages within the prescribed period or makes short payment,then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be ... ... and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor." The principal employer is, therefore, statutorily responsible to ensure payment of the wages as per the law.The workmen employed by the contractor are entitled to recover their wages n their conditions of service in the same manner as workmen employed by the principal employer under the appropriate labour laws.


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