Navigating Labor Court: What to Expect with Wage Dispute and Interim Relief?

Dear Genius, In our company, one trade union is functioning in Cuddalore, and they have raised their charter of demands mainly for wage revision with effect from 25/12/2011. After various bipartite negotiations and a tripartite negotiation (with JCL), all meetings went in vain and did not result in a settlement. Finally, the conciliation officer JCL has sent the failure report under 12(4). Now the case has been referred to the labor court.

Legal Implications and Court Proceedings

1. What would be the legal impact?
2. Will the labor court order interim relief?
3. If yes, on what basis can the interim relief be ordered and for what period?
4. Can the court decide on the amount of revised wage?
5. During the pendency of adjudication, can the management take disciplinary action?
6. If no, what measures should be followed when the worker engages in violence and breaches?
7. How long will it take to resolve the dispute in the labor court? (approximately)

I humbly request the Genius to reply to the above matters. I shall be forever thankful.

Regards,

Dear Vaseeharan, What is the term of reference? Is it for interim relief? I understand there could not be such a reference for demanding interim relief, since the process of collective bargaining itself is the process of Give & Take and is viewed in totality. There couldn't be a unilateral order for an ad hoc amount towards settlement unless there is an obvious delay or non-cooperation on the part of management in the process of collective bargaining. The litigation may take years. The ad hoc towards settlement is decided when the parties are not able to arrive at any settlement, and the workers are suffering due to delay, leading to apprehension of labor unrest. Interim relief or ad hoc towards Long Term Settlement is an amount agreed upon between management and unions after due discussions with certain conditions. One such main condition is that the amount of ad hoc will be adjusted against the settlement whenever it is entered, and both parties will make efforts to arrive at a final settlement at the earliest. Regards, Shailesh Parikh Vadodara, Gujarat [Phone Number Removed For Privacy Reasons]