Hello respected seniors,
I want to know the jurisdiction in terms of powers of labor courts. In other words, I want to know where I can file a case that comes under different acts of labor law. For example, how do I determine if a particular case should be filed with the labor inspector directly or with some other higher officer/forum? I also want to understand the powers held by each labor court/officer and the appeal process, essentially the hierarchy of handling cases under labor laws.
Regards
From India, Chandigarh
I want to know the jurisdiction in terms of powers of labor courts. In other words, I want to know where I can file a case that comes under different acts of labor law. For example, how do I determine if a particular case should be filed with the labor inspector directly or with some other higher officer/forum? I also want to understand the powers held by each labor court/officer and the appeal process, essentially the hierarchy of handling cases under labor laws.
Regards
From India, Chandigarh
Sub-labour disputes
You cannot file every labour dispute before one court or authority. Every labor act constitutes machinery for the settlement of disputes arising out of the matters it covers.
1) Industrial disputes concerning service conditions, terms of employment, terminations, etc., will be adjudicated by the Labour Court or Industrial Tribunals.
2) If the matter falls under the Payment of Wages Act, the issue will be subject to the jurisdiction of the Wages Authority.
3) If there is a dispute about the rates of minimum wages, the application has to be made before the appropriate authority under the Minimum Wages Act.
4) If there is any dispute about P.F. contributions, there is a P.F. Tribunal to decide such matters.
5) If there is any dispute about the applicability of the ESI Act or contributions, the matter is to be decided by the Insurance Court under the ESI Act.
Like this, there are different forums for different labour disputes.
B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd
Mumbai
Tel: 022-28324234
From India, Mumbai
You cannot file every labour dispute before one court or authority. Every labor act constitutes machinery for the settlement of disputes arising out of the matters it covers.
1) Industrial disputes concerning service conditions, terms of employment, terminations, etc., will be adjudicated by the Labour Court or Industrial Tribunals.
2) If the matter falls under the Payment of Wages Act, the issue will be subject to the jurisdiction of the Wages Authority.
3) If there is a dispute about the rates of minimum wages, the application has to be made before the appropriate authority under the Minimum Wages Act.
4) If there is any dispute about P.F. contributions, there is a P.F. Tribunal to decide such matters.
5) If there is any dispute about the applicability of the ESI Act or contributions, the matter is to be decided by the Insurance Court under the ESI Act.
Like this, there are different forums for different labour disputes.
B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd
Mumbai
Tel: 022-28324234
From India, Mumbai
Hi,
The Industrial Disputes Rules enacted by every state under the Industrial Disputes Act of 1947 provide subject-wise jurisdictions of Labour Courts and Industrial Tribunals. Apart from that, the particular Act also designates the redressal authority competent to resolve disputes or address any complaints. Generally, a complaint can be lodged with the Labour Enforcement Officer or the Assistant Labour Commissioner of the district.
Pradeep
From India, Agra
The Industrial Disputes Rules enacted by every state under the Industrial Disputes Act of 1947 provide subject-wise jurisdictions of Labour Courts and Industrial Tribunals. Apart from that, the particular Act also designates the redressal authority competent to resolve disputes or address any complaints. Generally, a complaint can be lodged with the Labour Enforcement Officer or the Assistant Labour Commissioner of the district.
Pradeep
From India, Agra
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