Background of the Case
Workmen filed a demand notice in the year 2014 before the ALC. The ALC served the notice to the respondent, who then appeared before the Assistant Labour Commissioner and was apprised of the facts. However, the dispute was not settled before the Assistant Labour Commissioner, and the case was referred to the Labour Court in 2015. Both parties appeared and conducted the matter until 2018. Therefore, at the stage of the final argument, the workmen withdrew his case.
Query
My query is whether the workmen have the power to file a demand notice again before the ALC when he has already withdrawn his case.
From India, Rewari
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Workmen filed a demand notice in the year 2014 before the ALC. The ALC served the notice to the respondent, who then appeared before the Assistant Labour Commissioner and was apprised of the facts. However, the dispute was not settled before the Assistant Labour Commissioner, and the case was referred to the Labour Court in 2015. Both parties appeared and conducted the matter until 2018. Therefore, at the stage of the final argument, the workmen withdrew his case.
Query
My query is whether the workmen have the power to file a demand notice again before the ALC when he has already withdrawn his case.
From India, Rewari
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Understanding the Case Under the Industrial Disputes Act
Most probably, the case mentioned by the poster pertains to the 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 subsections (1) and (2) of sec. 2-A. Particularly, when the dispute filed under 2-A(2) reached the stage of argument before the Labor Court, the workman seems to have withdrawn the case.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.
Conciliation and Adjudication Process
The dispute has already been conciliated by the ALC and reached the next stage of adjudication. Therefore, the ALC would not be inclined to conciliate the dispute again unless there are changes in the grounds and his intervention is sought by both parties.
Reopening the Case
Therefore, the workman may approach the Labor Court to reopen the case, which probably stands dismissed as withdrawn.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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6108Most probably, the case mentioned by the poster pertains to the 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 subsections (1) and (2) of sec. 2-A. Particularly, when the dispute filed under 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.
Conciliation and Adjudication Process
The dispute has already been conciliated by the ALC and reached the next stage of adjudication. Therefore, the ALC would not be inclined to conciliate the dispute again unless there are changes in the grounds and his intervention is sought by both parties.
Reopening the Case
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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