Questions Legal

How to file a case in a labour court in India?

Airtract

Maithili Dutt

Know your worth

There are multiple Labour Laws implemented by the parliament of India and different legislatures of corresponding states. Labour laws are not mere law. This includes a cluster of rules, regulations, and protocols whose negligence or violation results in legal consequences. Each law concentrates on a specific area of services. Like,

  • For wage - Minimum Wages Act and Payment of Wages Act
  • For compensation - Workman Compensation Act
  • For maternity benefit of women - Maternity Benefit Act  etc

Labour Laws implement not only benefits and support for laborers but employers as well. It is a general dilemma among people that labor laws are the sole reliable rope of employees. Even employers can take action against employers on violation of protocols that need to be followed by employees.

When to file a complaint?

In order to file a complaint against a company or the employer, you need to understand under which violation act does your case falls. There may be circumstances in which your violation of right might not be considered as an issue by constitution or labor court. If your employer or higher authority yells at you or emotionally hurt you, this may not be taken into consideration as a serious matter by the court. So to get your problem recognized, you need to know the provisions of labor laws.

If you start to face any discrimination based on caste, color, gender, race, etc, you can approach the court with the complaint of a violation of human rights.

The company is bound to act and provide as per the contract signed during the hiring of the employee. If they act in violation of contract, including wage, position, facilities, etc, you can directly file a complaint in the labor court without any consent.

Another grievance is inappropriate termination or without any sufficient notice. Make sure you have read the contract thoroughly to move with the proper rights.

How to file a complaint?

  1. Approach the HR department of your company introducing your crisis.
  2. Give them enough time to evaluate your case and to reply with a convincing solution.
  3. If there wasn’t any convincing reply from HR, contact the department head of your company. Introduce your issue with them and wait for appropriate action.
  4. If both of the above trials fail, approach the court to file a complaint in the labor court.
  5. If you decide on pushing the complaint to the court, make sure you are well prepared with all shreds of evidence and documents. Take these points into consideration

    • Employment proof - Appointment letter/ salary annexures/ESI contribution etc

    • The complaint letter or notice sent to the HR or Department head of the company stating your problem.

    • Labor court complaint application file.

  6. Under the circumstance that the complaint remains unresolved, visit the labor commissioner of your jurisdiction. File the complaint as prescribed by him/her. 
  7. Once the court is satisfied with the chain of events and pieces of evidence presented, the court will call for a hearing.
  8. The court will issue a notice recommending the solution.

How to file the complaint online?

  1. Visit the Indian ministry of Labour and Employment online portal https://labour.gov.in/.

  2. Select Lodge a complaint under RTI.

  3. Click on click for more info.

  4. The new page with the complaint application form will appear.

  5. Provide all the details carefully regarding your complaint and working company.

  6. Submit the complaint.

  7. An acknowledgment number will be displayed, which can be further used to track and check the status of your complaint.

  8. Verify your email or phone number to get notified regarding your complaint online.





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