Industrial law related to employment & labour
1 year ago
My advocate had filed case in ID ACT 1947 under section C2 against my Employer LG & Quess third party hirer for illegal termination & wrong dissmal. I being the petitioner, my advocate continues to fight & gave argument in section 33C2 but opposite party defendant in March 2022 already filed replied & objected that my case is not maintainable in section 33c2 & court has no power to decide that is labour court. My advocate continues to fight in section 33C2 & we lost case after 6 month of running. Pls give me honest reply where is gross negligence happened by my advocate in section 33c2. Pls guide & what is next way forward in terms of new fresh filing after this loss
Subhashis Paul
Responded 1 year ago
Kumar Rohit
Replied 1 year ago
I understand but how my advocate is unable to find this & got filed in section 33c2 against LG electronics. I claimed 16L as compensation which includes 2 yr salary plus all mental trauma & harassment done by lg employee to me in last one year. Defendant was saying from day one that court has no jurisdiction to decide on 33C2 but my advocate continues with 33c2 & we lost.
Section 33C (2) is for recovery of money due from an employer. If the Labour Court has taken the view that your case is not maintainable in that court of law then you need to file a civil suit in the civil case and pursue your case further. It seems that your organization where you were working is not coming under the jurisdiction of Labour Court.
Kumar Rohit
Replied 1 year ago
My company is LG electronics which has pan india branch. It's a private firm I worked as branch product trainer in patna bihar through 3rd party contract of 1 yr via quess third party employer who hired us & deputed in LG office. During my tenure lg official harassed torture & illegally terminated me forcibly. My lawyer files in section 33c2. It means my advocate had done gross negligence in understanding Subject matter of my case. From day 1 lg was saying in reply section 33c2 not maintainable in labour court. My lawyer continue to fight n we lost after 6 month of running case. Whose is the biggest fault me or my advocate. Does civil suit help me to gain my compensations. My advocate mentioned 16L ( 2 yr salary + rest mental trauma & harassment) My ctc package was 3.60L per years means 30K per month. Pls guide me sir, I need ur earnest support.
The Industrial Disputes Act defines "Industrial dispute" as a dispute or difference between workmen and employers or between workmen and workmen, which is connected with employment or non-employment or the terms of employment or with the conditions of labour. Dismissal of an individual workman is deemed to be an industrial dispute.
The ID Act provides for the constitution of the Works Committee, consisting of employers and workmen, to promote measures for securing and preserving amity and good relations between the employer and the workmen and, to that end, endeavours to resolve any material difference of opinion in respect of such matters.
The ID Act provides for the appointment of Conciliation Officers, Board of Conciliation, Courts of Inquiry, Labour Courts, Tribunals, and National Tribunals for settlement of disputes. Another method recognised for settlement of disputes is through arbitration. The Industrial disputes Act provides a legalistic way of settling disputes. The goal of preventive machinery as provided under the Act is to create an environment where the disputes do not arise at all. The ID Act prohibits unfair labour practices which are defined in the Fifth Schedule—strikes and lockouts (except under certain defined conditions and with proper notice). It also provides for penalties for illegal strikes and lockouts and unfair labour practices and provisions regarding lay off and retrenchment as well as compensation payable thereof.
The ID Act provides that an employer who intends to close down an industrial establishment shall obtain prior permission at least ninety days before the date on which he intends to close down the industrial establishment, giving the reasons thereof.
Employer replied to my BGV as "Absconded candidate"
Pf exit date
Company asked me to pay one month salary on resignation on probation period
UNCREDITED SALARY,THREAT AND EMOTIONAL SUFFERINGS
Ex employee colluding with current employees
