Labour Law & Hr Consultant

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Workmen file demand notice in the year of 2014 before ALC, ALC serve the notice the respondent, whereby the respondent appeared before the Assistant Labour Commissioner and appraised with the facts. thereafter the dispute not settled before the Assistant labour commissioner and case refferred to the Labour Court in 2015. both the parties appeared and conduct the matter to 2018. therefore at the stage of final Argument the workmen has withdraw his case.
My Query is whether the workmen has power to file a demand notice again before the ALC when he has already withdrawn his case.

From India, Rewari
Most probably the case mentioned by the poster pertains to non-employment of an individual workman i.e., under sec.2-A of the Industrial Disputes Act,1947. As I understand, the dispute had already crossed the stages of sub sections (1) and (2) of sec.2-A. Particularly, when the dispute filed u/s 2-A(2) reached the stage of argument before the Labor Court, the workman seems to have withdrawn the case. It is not clear whether the withdrawal was conditional.
The dispute has already been conciliated by the ALC and reached the next stage of adjudication. Therefore, the ALC would not be inclined in conciliating the dispute once again unless there are changes in the grounds and his intervention is sought by both the parties.
Therefore, the workman may approach the Labor Court to reopen the case which probably stands dismissed as withdrawn. Of course, it may be a matter of discretion of the Court.

From India, Salem
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