Labour and Industrial Disputes FAQ

LABOUR & INDUSTRIAL DISPUTES - FAQs-

Q. WHERE TO FILE.

A. Most of the labour disputes are referred to the Labour Courts/Industrial Tribunals through the Department of Labour, Government of NCT of Delhi. The process for labour dispute starts with filing of a petition before Labour Conciliation Officer and in case no compromise is possible, the said officer sends a failure report to the Government. After consideration of the said report, the Government may send a reference to the Labour Court/Industrial Tribunal. In certain matters, the labour dispute can be directly filed in the court concerned. All the Labour Courts/Industrial Tribunals are situated in Karkardooma Court Complex.

Q.  COURT FEE

A. No Court fee is payable on the petitions filed before Labour Courts and Industrial Triibunals.

Q. JURISDICTION OF INDUSTRIAL TRIBUNALS & LABOUR COURTS

A. Matters within the Jurisdiction of Industrial Tribunals

  1. Wages, including the period and mode of payment

  2. Compensatory and other allowances

  3. Hours of work and rest intervals

  4. Leave with wages and holidays

  5. Bonus, profit sharing, provident fund and gratuity

  6. Shift working otherwise than in accordance with standing orders

  7. Classification by grades

  8. Rules of discipline

  9. Rationlisation

  10. Retrenchment of workmen and closure of establishment

Q. Matters within the Jurisdiction of Labour Courts

A. 1. The propriety or legality of an order passed by an mployer under the standing orders

    2. The application and interpretation of standing order

    3. Discharge or dismissal of workmen including re-instatement of, or grant of relief to, workmen wrongfully  dismissed.

    4. Withdrawal of any customary concession or privilege

    5. Illegality or otherwise of a strike or lock-out; and

    6. All matters other than those being referred to Industrial Tribunals.

Q. STAGES OF LABOUR CASES

A. Once a reference has been received or a labour dispute is filed in the Labour Court, notice is sent to the Management and after filing of the response by them, the matter is fixed for adjudication. Evidence of the parties is recorded and after that arguments are heard. It is pertinent to mention here that advocates cannot appear in Labour Courts/Industrial Tribunals, unless permitted.

Q. AWARDS.

A. After hearing the parties, the Labour Court/Industrial Tribunal decides the dispute and the said final decision is called an Award. A copy of the award is to be published by the Labour Department as per rules. Copies of the same are also sent to the parties concerned .

Q. EXECUTION OF AWARDS

A. In case the management does not comply with the terms of the award, the workman may pray for its execution by moving an application before the concerned Concilation Officer.