ARSHAD ALI ZAIDI ADVOCATE

Responded 1 year ago

A.If you are an employee of any company, then here it is very important for you to know. If you are exploited by any company and you have thought to file a complaint against the company in the labor court. So before complaining you have to pay attention to the following things given below. So that you do not have to face any kind of problem in future.
The company you are going to complain about in the labor court, you should have the certificate of that company.
You should also have proof of how long you have been working in that company.
You should also have the information of the agreement and its photocopy with the agreement you made at the time of your appointment in that company.
When you were appointed in that company, you should also have proof of how much salary you were hired at that time.
Along with this, if you make a complaint against a company in the labor court, then you should have two such persons who can testify with you. /labour.gov.in/en/labour-welfare
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
You may lodge complaint with police and also with commissioner of Labor Department under the following provision of law.
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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