I have Award passed by Labour court in Refrence IDA I have Award passed by Labour court in Refrence IDA

2 months ago

What is process to get approved back wages and reinstatement of continuity awarded by Labor Court. Which is appellate authority for Management against award passed by Labour court in Refrence IDA.

Anik

Responded 2 months ago

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A.Dear Client,

According to Section 17(1) of the Industrial Dispute Act, 1947, an award, including an arbitration award, becomes enforceable 30 days from its publication under Section 17. However, if the appropriate Government or the Central Government deems necessary, it may intervene in cases involving Labour Courts, Tribunals, or National Tribunals. If a company fails to implement an Industrial Tribunal's order, as a worker, you should notify the Implementation Authority, specifically the Regional Labour Commissioner or Assistant Labor Commissioner, under Section 17 of the Act.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
As per Sec.17(1) of the Industrial Dispute Act, 1947 (1) an award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under section 17, Provided that (a) if the appropriate Government is of opinion, in any case where the award has been given by a Labour Court or Tribunal in relation to an industrial dispute to which it is a party; or (b) if the Central Government is of opinion, in any case where the award has been given by a National Tribunal. So, if the Company fails to implement the Order of the Industrial Tribunal, as a workman, you need to inform the Implementation Authority i.e, the concerned RegionalLabour Commissioner/Asst. Labor Commissioner under Section 17 of the Act.
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Vidhi Samaadhaan Vidhi Samaadhaan

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