Draft for Statement of claim under section 2A of the Industrial Disputes Act to be filed by a workman when the dispute raised by him was not referred for adjudication within 45 days

Updated at:April 2014
 
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Before The Presiding Officer of the Labour Court at...............

In the matter of: X..... Workman vs AB.... Management

Statement of Claim under Section 2A of the Industrial Disputes Act, 1947

Rspectfully Showeth:

  1. Workman was employed as a........... (Title) since................ with the Management. His last drawn earnings were Rs.... Per month. The performance of the workman throughout his tenure of service with the Management was without any fault.

  2. The workman was never issued any warning letter, advisory letter, charge-sheet etc. However, the workman was not paid his wages for the last few months i.e............... despite repeated demands made by the workman. The workman was never issued leave book showing leave lying to his credit. Wage-slip was never given to the workman.

  3. All of a sudden on the evening of............ the workman was given a letter dated........... directing the workman not to report for duty since...... without stating any reason thereto as indicated in the said letter. A copy of the said letter is enclosed herewith for kind perusal of this hon'ble court.

  4. Workman approached the Union on the next day on.... and a demand notice dated........... was sent to the Management through registered post, stating therein that the termination of services of the workman is illegal as the same is without complying with the required provisions of law including sections 25-F and 25-G of the Industrial Disputes Act, 1947, requesting the Management to reinstate the workman in his service with continuity of service and back-wages since the workman has not been able to search any other job despite his best efforts and since then he is jobless.

  5. As the workman and his Union did not receive any response to the demand notice from the Management, an application/complaint was moved before the Conciliation Officer in the Labour Department at................................... and the concerned Labour Officer issued a notice thereof to the Management fixing a date in this respect. But the Management neither replied to the notice nor came for attending the Conciliation proceedings despite repeated opportunities given by the Labour Officer. Then the workman, after lapse of 45 days, requested the Conciliation Officer to issue a certificate to the effect that the conciliation proceedings have failed due to' not receiving any response from the Management, enabling the workman to me his dispute for adjudication before the Presiding...

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