Posh act 2013
3 months ago
Posh act - Company is not provinding me report of investigation and has terminated my services? What action can I take against company. Also company has not followed the procedures they have not provided me complaint copy.
A.Dear Sir,
Get issue a legal notice thereafter approach following authority.
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(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.]
If you find yourself in this situation, consider reporting the matter to the District Magistrate or ADM, who serves as the District Officer for the Local Complaints Committee under Section 5 of the Act to address your grievance. Keep in mind that any publicizing of the complaint or Inquiry Report is prohibited by Section 16 of the Act, and violating this clause could lead to penal actions under Section 17. If you qualify as a workman under Section 2(s) of the Industrial Dispute Act, 1947, it's advisable to send a legal notice to your employer and initiate proceedings before the relevant Industrial Tribunal under Section 2A of the ID Act for alleged illegal termination and unfair labor practices, seeking reinstatement with back wages. Seek guidance from an experienced advocate specializing in service matters for further assistance and steps.
Section 2(s) of the Industrial Dispute Act, defines a "workman" as any person employed in an industry, including skilled, unskilled, or manual labor, but excluding those in a managerial or administrative role.
Thankyou
Until and unless a final report u/s,13 of The Sexual Harassment of Women at Workplace(P P &R) Act, 2013 on a complaint over sexual harassment made by the victim is submitted by the Internal Inquiry Committee (ICC) proving or disproving her allegation or providing a copy of the complaint to the accused to defend the allegation, if any action taken by the management imposing capital punishment of termination on the accused is highly arbitrary and illegal being contrary to the provision of the Act and violation of natural justice. In the given situation, you may bring the matter to the notice of the District Magistrate or ADM who is designated as the District Officer of the Local Complaints Committee u/s.5 of the Act for redressal of your grievance. Further, any publication of complaint or Inquiry Report is prohibited under Sec.16 of the Act and breach of this prohibitory clause by any person shall make him liable to fetch penal actions under Sec.17 of the Act. Apart from this, if you are a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1847, then you need to serve a legal notice to your employer/company and file or raise an industrial dispute directly before the concerned Industrial Tribunal under Sec.2A of the I D Act against the employer over alleged illegal termination and unfair labour practice claiming reinstatement in service with back wages. Reach out to an Advocate experienced in service matters for guidance and steps.
Listed company registered office in residential premises.
Boss told me to resign
Commercial flate
Resignation wihout notice period
Service Overlap issue
