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 atApril 2014

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...

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