What Is The Process To Do The Complaint In Labour Office And Labour Court. - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Boss2966
Industrial Relations
Anil.arora
Administration Head
Adoni Suguresh
Sr.executive (per & Adm)
Surj.singh2011
Hr And Admin Executive
Samveer
Senior Business Associate
14086800
Sr. Manager Legal

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Dear All I want to know that if an Employee or worker want to do complaint in the labour office or labour court then initially what step should be taken by the petitioner.
Dear Surjeet
First of all the grievance to be conveyed to the Management and to attend the same some reasonable time to be given. If the same is not attended then they can escalate the level to the Principal employer. If they also not attended then they can escalate the level to the next level, by giving complaint to the Labour Office with proof of the complaint. If the complaint received by the Labour Office is under their Jurisdiction, then they will send the notice to the employer and initiate action as deemed fit. But if the complaint is not maintainable and not coming under the jurisdiction of the Labour Office, then they will reject the application. Then the complainant has to approach the civil court of law.

I am satisfied to your answer, but an another query is arise over here that is it necessary to do the complaint by the advocate or no. can any one fight their case by self.
Please check with your state procedure. In Andhra Pradesh you need not to have any lawyer to approach the Labour Court. But in Gujarat they will entertain only when you approach them with Lawyer. So check with the local Labour Commissioner Office staff, in which they can guide you correctly.
Dear Surjeet,

Really I don't know what exactly is in your mind when you say " If an employee or worker wants to do complaint in the Labour Office or Labour Court".

However, I am able to infer that by 'complaint' what you mean is either an individual or some collective grievance relating to the existing service conditions.

Again such grievance may be relating to an individual employee or a section or all the employees or workmen employed in that particular industrial establishment regarding either non-implementation of statutory provisions of applicable Labour Enactments like non-payment of minimum wages, compulsory extraction of work beyond normal working hours etc., or in the nature of common issues involving collective bargaining such as revision of wages, bonus, grant of extra holidays over and above the statutorily fixed numbers, permanency of temporary workmen etc,.

Regarding non-implementation of statutory provisions in respect of an individual workman or all, the complaint is to be given to the Enforcement Officer appointed under the particular Act for the area like Inspector of Factories or Labour Enforcement Officer by the individual workman or the affected workmen or through the representative trade union, if any functioning.

Regarding an individual dispute like non-employment of an individual workman such as discharge, dismissal, retrenchment and the like and common issues called otherwise as collective disputes, when they are turned down by the employer or the concession offered by him in direct negotiation is unacceptable, it should first be taken to the Labour Officer or the Conciliation Officer appointed under the Industrial Disputes Act,1947 for the area u/s 2-A(1) by the individual workman or u/s 2k by the reprsentative trade union. In the absence of Trade Union, the workmen can elect 5 representatives from among them to institute and conduct the dispute on their behalf. It is very important that before asking for conciliation the process of direct negotiation with the employer should have been exhausted and before moving the Labour Court, the process of conciliation should have been exhausted.

The Labour Courts and the Tribunals constituted under the Industrial Disputes Act,1947 are quasi judicial forums and empowered with certain provisions of the Civil Procedure Code. Therefore, their basic functions can be broadly classified into two as (1) Adjudication of industrial disputes referred to them by the Appropriate Govt and (2) Acting as Courts of recovery in respect of monetary claims filed before them for determination and execution.

Regarding an individual dispute, after the expiry of 45 days from the date he made an application u/s 2A(1), the concerned workman can make an application to the Labour Court u/s 2A(2) for adjudication. In respect of a collective dispute u/s 2k, the Labour Court or Tribunal will take cognizence of the dispute only after reference made by the Appropriate Govt u/s10 of the Act.

Coming to engagement of the services of advocate, neither the workmen nor the employer is entitled to be represented by an advocate in any conciliation proceedings as per Sec.36(3) of the I.D Act. However, Sec.36(4) of the Act permits the engagement of advocate in any proceedings before a Labour Court or Tribunal, subject to the conditions of (1) the other party's consent AND (2) the leave of the Labour Court or Tribunal.

Is everyone can make the complaint in the labor office. I mean to say blue color level to white colour employee.
Dear Surjeet
If you have the grievance in the above subject given by Shri Umakanthan in the above post, you can complain with Labour Office. If you are drawing above Rs.18000/- pm then you cannot complain to Labour Office in turn you can take up with Civil Court by filing a civil suit. But for Gratuity issues, everyone can approach Labour Office as he is the appropriate authority to deal with Gratuity Matters.

Dear Mr Surjeet Singh,

Incomplete /short /part information can lead to confusions and multiple responses, therefore, you are requested to share the complete details of your query/questions with a single post, so that, you can get appropriate and quick response that you are looking for.

Your motive is clear that you wants to file a complaint against your employer but why and what wrong you registered with you, need to be share with us first.

Further, In simple words you already have obtained the answers of your questions (with complete information and system of procedure) by Mr Bhaskar and Mr Umakanthan but I believe if you want to file any complaint against your employer or anything which you think is not according to principles and required labour department/ legal assistance, need just not to seek procedure of it from community but to share your problems/ case with us once, so that, we can direct you accordingly.

Rest assure you will get every possible help/ advice and information that you required in your case.

It is really important for us to understand the part of employee (you) and employer as well, so that, the professional advice/suggestions and knowledge can be shared by the community/ seniors/experts which will not just benefit you but to others too.

Dear Surjeet,

I think that you have no second opinion on the point that whenever an executive of a particular branch of any discipline needs some clarification on a particular issue, he should himself make some home work on the subject-matter beforehand so that his mind would become more accomodative to understand the answers in the right perspective.Coming to your latest additional query, in the realm of employment, the nature of the grievance and the status of employment determine the forum for redressal. To seek remedy under the Industrial Disputes Act on grievances regarding your employment, non-employment or conditions of employment, you should be a workman as defined u/s 2(s) of the Act.It is immaterial whether your collar is blue or white; at the same time if you are employed in a supervisory capacity on a monthly salary exceeding Rs.10,000/= you are not a workman.But certain Labour Enactments such as States Shops and Establishment Acts, the Payment of Bonus Act,1965 and the Payment of Gratuity Act,1972 take into account the only the factum of " being employed" simply leaving all other attributes. Therefore, if you are a "Gold Collar Employee" escaping the parameters of the term' workman', as aptly described by the Supreme Court of India, only civil remedy is available to you. Hope, your doubts are now cleared.

Hi....
As rightly said by Mr.Varghese Mathew, there is no relevance in the salary ceiling. Eery employee has got the right to complain to the Labour Officer either of State or Central and raise the dispute either in person or through a union member for which he is a member as per the provisions of Industrial Disputes Act, 1923. Recently one of of senior who was drawing Rs.60,000/- has approached the Labour Department and has got settled through Labour Commissioner
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels)
Labour Laws Consultant


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