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.