How to File Case in LABOUR COURT | Complaint in LABOUR COURT | What is Labour Court | Step by step |

Описание: 1️⃣ Understand whether your dispute is covered
Labour Courts handle disputes under the Industrial Disputes Act, 1947, such as:

Unfair dismissal or termination

Non-payment of wages or dues

Retrenchment issues

Transfer disputes

Disciplinary actions

2️⃣ Try conciliation first
✅ Before going to Labour Court, usually the worker/union has to approach the Labour Conciliation Officer.

File an application mentioning your grievance.

The officer calls both employer and employee for discussions to try to settle the matter amicably.

3️⃣ Failure of conciliation: Reference to Labour Court
If conciliation fails, a failure report is sent to the appropriate government (State or Central).

The government may refer the dispute to the Labour Court for adjudication.

4️⃣ Draft a Statement of Claim
Prepare a detailed Statement of Claim, including:

Facts of employment and termination (if any)

Nature of dispute

Relief sought (e.g., reinstatement, back wages, compensation)

List of documents and evidence

5️⃣ Submit your claim
File the claim before the Labour Court with jurisdiction (based on place of employment).

Pay required court fees (often minimal in labour cases).

6️⃣ Notice to employer
Court issues notice to the employer (opposite party) to file a written statement or reply.

7️⃣ Evidence stage
Worker (or their advocate) presents evidence first (oral and documentary).

Cross-examination by employer’s side.

Employer then produces its evidence.

8️⃣ Arguments
Both sides argue the case orally or submit written arguments.

9️⃣ Judgment
Labour Court passes an award (decision).

The award is binding and can be enforced like a civil decree.

10️⃣ Execution
If the employer does not comply, the worker can apply for execution of the award before the same court.

Important points
Time limits: Generally, disputes must be raised within 3 years, but earlier action is advisable.

Representation: You can represent yourself or engage an advocate or union representative.

Appeal/Review: Awards can be challenged before the High Court through a writ petition (not a direct appeal).

✅ Documents generally required
Appointment letter

Salary slips

Termination letter (if any)

Correspondence with employer

Identity and address proof

Any other relevant documents proving employment and grievance
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