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Can I appeal against the order of labor commissioner
02-Jun-2023 (In Labour & Service Law)
20 permanent workers and 40 contract workers demanded attendence card and munimum wages on 19th november. Meeting called at labour commisioners office on 21st november . management requested to give 10 days time but surprisingly does not allowed the workers to work from 23rd november and did not paid wages for last 3 months . concilation before the labour commisioner continued but management stayed absent . finaly got failure report on 18th march . approach notice given on 14th april. Under what sections case may be filed for reinstatement and back wages . does bar of limitation apply .
yes you can approach the Labour Commissioner and file your appeal against your employer.
Non-applicability of Limitation Act to monetary claims under labour laws is a matter of general ignorance. In the case of Nityanand M. Joshi v. Life Insurance Corporation of India & others, 1969 II LLJ 711(FB), the Supreme Court decisively held that Limitation Act, 1963, is not applicable to claims arising under labour laws or Labour courts adjudicating the same. However, there have been several distinguishing judgments of Supreme Court as well as various High Courts, that has unsettled an otherwise settled position.
Usually a workman/employee files application under Section 33C of the Industrial Disputes Act, if he has to recover any money due from his employer. There are two clauses under Section 33C, each of which is for different purposes. Clause (1) of Section 33C deals with recovery of any money under a settlement or an award, by an application to appropriate government; while clause (2) of Section 33C deals with any money which is capable of being computed by the Labour Court.
Non-applicability of Limitation Act to monetary claims under labour laws is a matter of general ignorance. In the case of Nityanand M. Joshi v. Life Insurance Corporation of India & others, 1969 II LLJ 711(FB), the Supreme Court decisively held that Limitation Act, 1963, is not applicable to claims arising under labour laws or Labour courts adjudicating the same. However, there have been several distinguishing judgments of Supreme Court as well as various High Courts, that has unsettled an otherwise settled position.
Usually a workman/employee files application under Section 33C of the Industrial Disputes Act, if he has to recover any money due from his employer. There are two clauses under Section 33C, each of which is for different purposes. Clause (1) of Section 33C deals with recovery of any money under a settlement or an award, by an application to appropriate government; while clause (2) of Section 33C deals with any money which is capable of being computed by the Labour Court.
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Adv. Siddhant Sharma
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