Dear Friends,
Associate in a BPO is a workmen under Section 2s of the ID Act, hence under jurisdiction of Labour Department. An industrial dispute can be raised by such employee.
Warm Regards
Bharat Gera
HR Consultant
9322404765
From India, Thane
223Associate in a BPO is a workmen under Section 2s of the ID Act, hence under jurisdiction of Labour Department. An industrial dispute can be raised by such employee.
Warm Regards
Bharat Gera
HR Consultant
9322404765
From India, Thane
Hi All,
Management submitted reply in Labour department. They challenged jurisdiction of Labour office stating that "there are no documents were annexed with the summons despite there being specific averment in this regard in the summons signed by the Labour inspector. It is submitted that this seems to be a regular practice of this department of issuing summons without providing documentations of the case so as to leave the management at a total loss to understand why the summons have been sent before it.
The summons are also completely silent about the provision of law under which they have sent and the nature of enquiry that is contemplated. It is submitted that if these summons are for conciliation proceedings, the management is not interested in any such conciliation and the matter ought to be closed and dismissed on this date of hearing itself.
I need response to this reply from the management along with format.
From India, Delhi
Management submitted reply in Labour department. They challenged jurisdiction of Labour office stating that "there are no documents were annexed with the summons despite there being specific averment in this regard in the summons signed by the Labour inspector. It is submitted that this seems to be a regular practice of this department of issuing summons without providing documentations of the case so as to leave the management at a total loss to understand why the summons have been sent before it.
The summons are also completely silent about the provision of law under which they have sent and the nature of enquiry that is contemplated. It is submitted that if these summons are for conciliation proceedings, the management is not interested in any such conciliation and the matter ought to be closed and dismissed on this date of hearing itself.
I need response to this reply from the management along with format.
From India, Delhi
Dear Rupal,
What is described in the post is indicative of the haphazard manner notices are sent to the parties to disputes by certain Labor Officers. Whenever a notice for enquiry is sent to the employer, it is essential that the copy of the complaint is enclosed so as to enable the employer to offer his remarks. Otherwise one can not find fault with such response from the employers. However, at the same time, the stand of the management about the maintainability of the complaint as well as the jurisdiction of the Labor Officer is totally wrong. The arbitration clause in the appointment orders can not take away the jurisdiction of conciliation under the Industrial Disputes Act,1947. In the case of a dispute raised under the ID Act,1947, the very question whether the complainant is a workman or not is itself, in sum and substance, a dispute which should be decided in adjudication only.
Therefore, I would advise you to file a rejoinder setting forth the above position and request the conciliation officer to issue conciliation notice u/s 12 (1) of the ID Act and if the Management is not still forthcoming with any other option, he can declare that the conciliation failed and on receipt of that failure report, you can file a case u/s 2-A(2) of the Act before the Labor Court for the area.
From India, Salem
What is described in the post is indicative of the haphazard manner notices are sent to the parties to disputes by certain Labor Officers. Whenever a notice for enquiry is sent to the employer, it is essential that the copy of the complaint is enclosed so as to enable the employer to offer his remarks. Otherwise one can not find fault with such response from the employers. However, at the same time, the stand of the management about the maintainability of the complaint as well as the jurisdiction of the Labor Officer is totally wrong. The arbitration clause in the appointment orders can not take away the jurisdiction of conciliation under the Industrial Disputes Act,1947. In the case of a dispute raised under the ID Act,1947, the very question whether the complainant is a workman or not is itself, in sum and substance, a dispute which should be decided in adjudication only.
Therefore, I would advise you to file a rejoinder setting forth the above position and request the conciliation officer to issue conciliation notice u/s 12 (1) of the ID Act and if the Management is not still forthcoming with any other option, he can declare that the conciliation failed and on receipt of that failure report, you can file a case u/s 2-A(2) of the Act before the Labor Court for the area.
From India, Salem
Management mentioned in reply that Labour department did mention reason for summons. Management requested to terminate conciliation proceedings by stating " Respondent management is not aware about the reason to summons ". However, they replied in detail as per complaint lodged by me. Moreover, there is always a reason in notice.
1. Can Labour department take action against the management in this case?
2. What will happen to Arbitration proceeding as hearing is going on in labour department? Will it automatically cancelled after a specific time?
From India, Delhi
1. Can Labour department take action against the management in this case?
2. What will happen to Arbitration proceeding as hearing is going on in labour department? Will it automatically cancelled after a specific time?
From India, Delhi
Management mentioned in reply that Labour department did mention reason for summons. Management requested to terminate conciliation proceedings by stating " Respondent management is not aware about the reason to summons ". However, they replied in detail as per complaint lodged by me. Moreover, there is always a reason in notice.
1. Can Labour department take action against the management in this case?
2. What will happen to Arbitration proceeding as hearing is going on in labour department? Will it automatically cancelled after a specific time?
From India, Delhi
1. Can Labour department take action against the management in this case?
2. What will happen to Arbitration proceeding as hearing is going on in labour department? Will it automatically cancelled after a specific time?
From India, Delhi
Dear friend,
The duty of a Conciliation Officer under the ID Act,1947 is to bring the parties to the dispute together and discuss the points of their differences in his presence and help them reach an acceptable solution. When it is not possible due to the intransigence of anyone or both, he has to declare that conciliation failed and submit his report to the Appropriate Government setting forth the reasons for failure and recommending further action like reference of the dispute for adjudication or otherwise. Therefore, it is an administrative function only. No Conciliation Officer can take any penal action against any party to the dispute for their rigid stance or non-co-operation.
From India, Salem
The duty of a Conciliation Officer under the ID Act,1947 is to bring the parties to the dispute together and discuss the points of their differences in his presence and help them reach an acceptable solution. When it is not possible due to the intransigence of anyone or both, he has to declare that conciliation failed and submit his report to the Appropriate Government setting forth the reasons for failure and recommending further action like reference of the dispute for adjudication or otherwise. Therefore, it is an administrative function only. No Conciliation Officer can take any penal action against any party to the dispute for their rigid stance or non-co-operation.
From India, Salem
The Respondent management submitted written reply to the notice sent by Labour department. I had also submitted response to that reply in next hearing in detail with supporting documents. Now, they denied to submit any further reply to my response.
1. is this a fair practice to not provide response to the Claimant? What could be the reasons behind this?
2. Should I write a letter to Assistant Labour commissioner that because the Respondent management denied to provide response?
3. Is there any option left to settle the dispute outside of the court?
From India, Delhi
1. is this a fair practice to not provide response to the Claimant? What could be the reasons behind this?
2. Should I write a letter to Assistant Labour commissioner that because the Respondent management denied to provide response?
3. Is there any option left to settle the dispute outside of the court?
From India, Delhi
Dear Rupal,
Proceedings before a forum for resolution of any dispute is not a seesaw game for the disputants to file complaint, counter, rejoinder, additional counter and so on and on endlessly for each and every imputation. You have raised a dispute and the management filed their counter statement for which you filed a rejoinder - that's all. Now, you have to just allow the Conciliation Officer to suggest alternative solutions if any from his side so as to bring down the points of dispute and persuade you both for an amicable settlement or declare his conciliation failed. Amicable settlement does not mean a win-win situation but a both-gain situation which implies certain sacrifices on both sides. Therefore, do not try to hang on to empty formalities. Decide for yourself what you want finally - reinstatement or compensation for the wrongful termination. Only that can pave the way for an out- of - court-settlement at any stage.
From India, Salem
Proceedings before a forum for resolution of any dispute is not a seesaw game for the disputants to file complaint, counter, rejoinder, additional counter and so on and on endlessly for each and every imputation. You have raised a dispute and the management filed their counter statement for which you filed a rejoinder - that's all. Now, you have to just allow the Conciliation Officer to suggest alternative solutions if any from his side so as to bring down the points of dispute and persuade you both for an amicable settlement or declare his conciliation failed. Amicable settlement does not mean a win-win situation but a both-gain situation which implies certain sacrifices on both sides. Therefore, do not try to hang on to empty formalities. Decide for yourself what you want finally - reinstatement or compensation for the wrongful termination. Only that can pave the way for an out- of - court-settlement at any stage.
From India, Salem
Dear Rupal, Please clarify whether your application is in Petition Stage or the same is Treated as "ID" with reference Number.If it is in Petition Stage, later on Conciliation Officer will convert the same as ID & hold conciliation proceedings & send Failure Report.The matter will be referred to Labour Court for adjudication by framing issues & relief entitled to the Petitioner.Just because proceedings are held in Conciliation Officers office it can not be construed that Conciliation proceedings are held.What stand Management has taken regarding your Termination? do they consider you as an Employee under ID Act or have they denied that you are not a Workman
From India, New Delhi
From India, New Delhi
Respondent management had submitted their reply in writing that Labour department did mention reason for summons. Management had requested to terminate conciliation proceedings by stating " Respondent management is not aware about the reason to summons ". However, they replied in detail as per complaint lodged by me. Moreover, there is always a reason in notice.
Despite Respondent management request to terminate proceedings, hearing is still going on according to the complaint lodged by me. I was told that may be in next hearing Labour officer will take the final call. Respondent management didn't mention any ID Act in there reply. However, they stated that " Respondent is unwilling to take her back on their rolls ".
1. Can the Labour department take action against the management as they made very serious allegations against the Labour office?
2. Will Labour department refer this dispute to Labour court or it would be my prerogative?
From India, Delhi
Despite Respondent management request to terminate proceedings, hearing is still going on according to the complaint lodged by me. I was told that may be in next hearing Labour officer will take the final call. Respondent management didn't mention any ID Act in there reply. However, they stated that " Respondent is unwilling to take her back on their rolls ".
1. Can the Labour department take action against the management as they made very serious allegations against the Labour office?
2. Will Labour department refer this dispute to Labour court or it would be my prerogative?
From India, Delhi
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Labour department.pdf
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