Navigating Industrial Disputes: Can Individuals File Directly to Labour Court?

I need clarification for the following doubts, please:

1. Is there any possibility to raise an industrial dispute by an individual for reasons other than dismissal, discharge, retrenchment, or other termination activities under Section 2A of the ID Act 1947?

2. What is the hierarchy for raising an industrial dispute? Can anyone directly file a writ to the Labour Court or High Court before conciliation or arbitration under the ID Act 1947? If yes or no, please refer me to the flowchart or procedure.

3. Who will be an arbitrator? What is the procedure for appointing an arbitrator for arbitration? Please share your views with respect to the Act.

Section 2 (A)

Where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment, or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.

Writ Jurisdiction and Industrial Disputes

Writ Jurisdiction is before the High Court only. Individual disputes other than industrial disputes can be raised before the Labour Court directly. However, normally the Court raises a question before accepting the claim, whether the claimant has exhausted all the avenues available to resolve the industrial dispute. The normal procedure is to raise a dispute before the Conciliation Officer. Upon submission of a failure report by the Conciliation Officer, if referred, the case would be numbered before the Labour Court.

Approaching Higher Courts

Industrial disputes cannot be raised before the Higher Court directly. However, based on the order of the Labour Court, the claimant can approach the higher court on a specific deficiency, demerit, or error.

Arbitration under The Arbitration Act

Under The Arbitration Act, a dispute can be referred for arbitration after the completion of conciliation proceedings. During the conciliation proceedings, if both parties agree to arbitration in writing, the process can proceed.

Dear Colleagues,

Industrial Dispute and Legal Provisions

The subject of industrial dispute is governed by the provisions of the Industrial Disputes Act/Rules and, in Maharashtra, also under the MRTU & PULP Act. Any aggrieved individual workman can raise a dispute regarding his termination or retrenchment.

Under the Act, conciliation proceedings are held by the Conciliation Officer once the dispute is raised. The Officer attempts to achieve an amicable settlement by engaging in discussions with the parties. If the dispute remains unresolved at this stage, a failure report is sent to the Government. The Government may then refer the dispute to the Labour Court based on merits, as the aggrieved workman cannot directly approach the Court. However, under the MRTU & PULP Act, any aggrieved workman can directly seek recourse to the Labour Court regarding his termination. Collective disputes involving many workers must be raised by the Union; individual workmen cannot initiate disputes on behalf of other workers concerning collective matters.

Arbitration and Jurisdiction

The Industrial Disputes Act also provides for Arbitration to settle collective issues, as outlined in the provisions. Writs fall under the jurisdiction of the High/Apex court and not the Labour Courts/Tribunals. There is no hierarchical structure or flow chart involved.

Regards,
Vinayak Nagarkar
HR Consultant