• Dismissal of an Office Bearer of Union

Dismissal is after DE  on void Charge Sheet,Charges levelled for the acts as Clerk &Working President of Union.Employer is Regional Rural Bank u/s 2(j) Writ Petition was filed it is disposed off under direction with to opt for legal remedy u/s 2A & u/s 11A of ID Act.my question is which is the foru State Labour Court or CGIT Cum LC ?
Asked 3 years ago in Labour from Latur, Maharashtra
 The appropriate forum is  the Labour court of the area of jurisdiction.
You have to file an application before the labour court against the dismissal  
Section 2A provides that dismissal, discharge, retrenchment of even a single workman will be ‘industrial dispute’ even if no other workman or any union is a party to the dispute.
under sec.11 A of the act, labour Court/Tribunal can reduce punishment and order reinstatement - As per section 11A, the Labour Court and Tribunal have wide powers. They can reappraise evidence. They can also see whether the punishment is disproportionate to the gravity of the misconduct proved. If the Court or Tribunal is of the view that the punishment is disproportionate, it can impose lesser punishment or even set aside the termination and order reinstatement. - - If Court orders reinstatement and employer files appeal in Higher Court, the employer is required to pay full wages to the employee during the period of pendency of proceedings with High Court or Supreme Court, unless the employee is gainfully employed some other company/anywhere else.
You will have a labour court for the district where the dispute took place /termination, there you will have to file application 
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
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