I work for a private IT firm
1 month ago
I work for a private IT firm. In case it is mentioned in my contract that the organisation can ask me to work in any shift, but my manager is unreasonably asking me to work in odd shift in which there is no client requirement, but just because it is a UK project he is asking me to work in UK shift and the client has confirmed it to me over the email that it is not required to work in the odd hours stipulated by my manager.
There was a show cause notice issued to me for the in subordination on the same and in disciplinary inquiry, the Enquiry Officer was biased as she is from the management only. They are planning to terminate my employment.
In case I need to bring this issue to the Labour commissioner or Labour tribunal, can I do so in my hometown/other state where there is no jurisdiction of the company since I'm working from home though my company has started hybrid mode. or should it based on the location of the company as it is located in many states(my company location is Noida and hometown is Chandigarh)?
As regards the territorial jurisdiction of the Labour Court or Industrial Tribunal, the Industrial Disputes Act, 1947 does not make any reference to the aspect of territorial jurisdiction, however, the situs of the place of employment of a workman would be a determinative factor in conferring territorial jurisdiction upon a labour court for deciding a labour dispute. So, even in a hybrid mode of operation of the Company's work, disputes need to be raised where the Company's registered office or its branch office is located. On dismissal based on findings of the domestic inquiry, you have to approach the State Govt. Industrial Tribunal following the provision of Section 2A of the Industrial Dispute Act, 1947 claiming reinstatement in service with back wages.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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