Sameer Kumar Tripathi

In the present era when the life is becoming faster, Industries are modified and equipped. Each and every corner of life is affected by worldwide globalisation. Employees are now giving more emphasis on business with the help of automation and outsourcing. The whole scenario of production, management and mode of working has been aspired by intellectuality and talent.
In this present situation the rules related to service conditions, disciplinary action, welfare legislation and statute related to labour and Industrial law is required to be efficacious, inspired with talent and caliber. In the above scenario the machinery of labour and Industrial judicial system is required some modification to give attractive as well as effective look of labour and Industrial judiciary which may be able to send message of efficacious, talented and credible judicial machinery.

Undoubtedly the administration of labour law and disposal of dispute is quite different subject. So to get creamy and transparent result administration and court should have their separate and free area. Some below mentioned suggestions which need careful attention in interest of justice and to achive speedy remedy.

The participation of Advocates in the conciliation proceeding before Assistant Labour Commissioner is required to be allowed by Act, so that a concise dispute may be referred to Courts.

The reference by Govt. should be consisted by precise statement of claim and simultaneous notice to opposite party.

The ceiling under Payment of Wages Act 1936 is necessary to extend upto Rs. 10000/- Rs. Ten Thousand only.

Likewise the Civil Procedure Code Amendment Act 2002 and despite of Section 78B and Rule 57 of CGIR Act labour judiciary should have extended powers in relation to time ceiling for written-statement, evidence, production of documents to make effective the spirit of law.
It is being felt that extension of powers of labour court is considerable with the disputes under the Shop and Establishment Act 1958 and Payment of Gratuity Act 1972.

The extension of powers of Industrial Court as Appellate Court in the cases of Workmen Compensation Act 1923 and Payment of Gratuity Act 1972 is required in the above described scenario of changing social and economic aspect to adhere the credibility of labour judiciary in the mind of a common man.

The execution proceeding in the civil orders, should be more expediting. Therefore the courts should have power like Section 27 of the Consumer Protection Act 1986 and Amendment Act 2002 whereby defaulting party will have fear of imprisonment.

In this context it is considerable that once an order is passed by Labour/Industrial Court and execution thereof, is required, the office of the Labour Commissioner should be given broad powers like enforcing agency to execute the order within the mandatory stipulated time limit. On the report of the Office of Commissioner to Labour/Industrial Court the use of Power like 27 of the Consumer Act, should be discretion of the court.

At last I would like to say that in the cases of violation of Provision of Contract Labour Regularisation and Abolition Act 1970, if it is found either by inspectors or during the course of litigation, the imposing punishment should be enhanced in heavy punishment alongwith compensation to aggrieved party.

I do not have hesitation to say that a workman is going far from the Labour/Industrial Court for the reason that court's order is not being followed and in a lot of the cases orders are unimplemented for many reasons. Such situation needs rapid change to develop a fresh look and belief in the system.


अभिभाषक वाणी परिवार

श्री सुशील कुमार त्रिपाठी
(प्रधान संपादक)

श्री शकील अहमद सिद्दीकी

श्री ताराचंद शर्मा
(प्रबंध संपादक)

सलाहकार मंडल

सर्वश्री जनार्दन प्रसाद शर्मा, संतोष चतुर्वेदी, बृजेन्द्र गुप्ता, रामेश्वर प्रजापति, सुदर्शन महलवार, समीर त्रिपाठी, नवजीत कुमार रमन, राजेश महाडिक, सुश्री कंचनबाला सिंह, शिव प्रसाद कापसे, टी.पी.सी.गुप्ता, भारत स्वर्णकार, मो.सगीर, मुरली देवांगन, यजवेन्द्र सिंह, सुभाष सतपथी, मो. मुनीर एवं कुमारी किलेश्वरी शांडिल्य।

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