Kashyap & Kashyap Law Chambers | Expert Legal Services Delhi

LABOUR & EMPLOYMENT LAW

Industrial Disputes and Labor Court Proceedings

What It Includes: Legal representation in industrial disputes including lockouts, strikes, retrenchment matters, closure proceedings, unfair labor practices, and collective bargaining disputes before labor courts, industrial tribunals, and conciliation officers under the Industrial Disputes Act and related labor legislation.

When You Need It:

Industrial dispute declared by appropriate government authorities
Management implementing lockout or workers going on strike
Retrenchment or closure proceedings affecting employment
Unfair labor practices by management or workers
Collective bargaining negotiations requiring legal intervention
Labor court proceedings for industrial dispute resolution

Procedure Involved: Industrial dispute proceedings involve conciliation attempts before labor officers, failure report if conciliation unsuccessful, and reference to labor court or industrial tribunal by appropriate government. The process includes filing written statements, evidence recording through witness examination, and final adjudication by labor court. Awards become enforceable upon publication in official gazette.

Jurisdiction:

Labor Courts for individual workmen disputes and specified industrial matters
Industrial Tribunals for collective disputes and retrenchment compensation
National Industrial Tribunal for disputes affecting national interest
High Court for writ petitions challenging labor court awards and procedural violations

Employment Contract Disputes and Termination Matters

What It Includes: Legal representation in employment contract disputes including wrongful termination, breach of employment terms, notice period violations, non-compete clause enforcement, salary and benefit disputes, and constructive dismissal cases under contract law and employment protection legislation.

When You Need It:

Employment terminated without proper notice or procedure
Salary, bonus, or benefit payments being denied or delayed
Non-compete or confidentiality agreements being violated
Constructive dismissal due to hostile work environment
Employment contract terms being unilaterally changed
Disciplinary action taken without following due process

Procedure Involved: Employment dispute resolution involves examining employment contract terms, statutory compliance under labor laws, and filing appropriate legal proceedings. The process includes notice periods verification, due process compliance, evidence collection regarding employment terms, and court proceedings for relief including reinstatement or compensation. Alternative dispute resolution through conciliation may be attempted.

Jurisdiction:

Civil Courts for employment contract disputes involving breach of contract
Labor Courts for termination disputes under the Industrial Disputes Act
Commercial Courts for senior executive employment contracts above threshold value
District Courts for employment matters within their pecuniary jurisdiction

Labour Tribunal Representations

What It Includes: Legal representation before various labor tribunals including industrial tribunals, labor courts, employee state insurance tribunals, provident fund appellate tribunals, and other specialized employment forums for statutory labor disputes and benefit claims.

When You Need It:

Industrial tribunal proceedings for collective labor disputes
ESI tribunal matters for medical benefit claims and contribution disputes
Provident fund tribunal appeals for PF benefit claims
Labor court proceedings for individual workmen disputes
Appellate tribunal matters challenging lower tribunal orders
Specialized labor forum proceedings for statutory benefit claims

Procedure Involved: Labor tribunal proceedings involve filing applications or appeals with prescribed fees and documents, service of notices to opposite parties, filing of counter-statements, and evidence recording. The process follows simplified procedures with emphasis on expeditious disposal, technical expertise of tribunal members, and industrial relations considerations. Final orders can be challenged before appropriate appellate forums.

Jurisdiction:

Industrial Tribunals for collective industrial disputes and policy matters
Labor Courts for individual disputes and specified industrial matters
ESI Tribunals for employee state insurance benefit and contribution matters
PF Appellate Tribunals for provident fund and pension benefit disputes

Workmen Compensation and Workplace Injury Cases

What It Includes: Legal representation for workplace injury compensation under the Workmen's Compensation Act including fatal and non-fatal accident claims, occupational disease compensation, disability benefit claims, and employer liability for workplace safety violations and compensation disputes.

When You Need It:

Workplace accident resulting in injury, disability, or death
Occupational disease developed due to work environment
Employer refusing to pay workmen compensation as per law
Disputes over compensation amount or disability assessment
Fatal accident requiring compensation for dependent family members
Workplace safety violations leading to injury or health issues

Procedure Involved: Workmen compensation proceedings involve filing claims before the Commissioner for Workmen's Compensation with medical evidence and accident details. The process includes employer response, medical examination for disability assessment, evidence recording regarding accident circumstances, and compensation calculation based on wages and disability percentage. Appeals can be filed against compensation orders.

Jurisdiction:

Commissioner for Workmen's Compensation for original compensation claims
High Court for appeals against compensation orders and constitutional challenges
District Courts for certain compensation matters within their jurisdiction
Motor Accident Claims Tribunals for transportation-related workplace accidents

Trade Union and Collective Bargaining Matters

What It Includes: Legal services for trade union registration, collective bargaining negotiations, union recognition disputes, unfair labor practices affecting unions, internal union disputes, and representation in matters involving trade union rights and collective employment negotiations.

When You Need It:

Trade union registration or recognition being denied
Collective bargaining negotiations requiring legal support
Unfair labor practices affecting trade union activities
Internal disputes within trade union organizations
Management refusing to recognize or negotiate with unions
Union rights being violated by employers or authorities

Procedure Involved: Trade union matters involve registration procedures under the Trade Unions Act, collective bargaining negotiations with management, and legal proceedings for union rights protection. The process includes documentation of union formation, membership verification, negotiation facilitation, and court proceedings for unfair labor practice challenges. Conciliation and mediation may be utilized for dispute resolution.

Jurisdiction:

Registrar of Trade Unions for union registration and recognition matters
Labor Courts for unfair labor practice proceedings
Industrial Tribunals for collective bargaining disputes
Civil Courts for internal union disputes and property matters

Sexual Harassment and Workplace Compliance

What It Includes: Legal representation in sexual harassment cases under the Sexual Harassment of Women at Workplace Act including complaint proceedings before Internal Committees, inquiry processes, disciplinary actions, and compliance advisory for workplace policy implementation and prevention measures.

When You Need It:

Sexual harassment complaint filed at the workplace
Internal Committee inquiry proceedings requiring representation
Disciplinary action following sexual harassment findings
Workplace policy compliance and implementation guidance
Appeal against Internal Committee decisions
Criminal proceedings arising from workplace harassment incidents

Procedure Involved: Sexual harassment proceedings involve complaint filing before Internal Committee within prescribed time limits, inquiry process with opportunity for both parties to present evidence, and committee recommendations for disciplinary action. The process includes confidentiality maintenance, witness examination, evidence consideration, and implementation of committee recommendations. Appeals can be filed against committee decisions.

Jurisdiction:

Internal Committees constituted under Sexual Harassment Act for inquiry proceedings
Local Committees for establishments without Internal Committees
District Courts for appeals against committee decisions
Criminal Courts for sexual harassment cases involving criminal charges

Employment Termination and Reinstatement

What It Includes: Legal representation for wrongful termination cases including reinstatement proceedings, compensation claims, procedural challenge to dismissal orders, retrenchment benefit claims, and employment protection under various labor laws for unlawful termination remedies.

When You Need It:

Employment terminated without following proper legal procedure
Dismissal order passed without adequate opportunity of hearing
Retrenchment compensation not paid as per statutory requirements
Termination appears to be the result of discrimination or victimization
Service termination violates employment contract terms
Need reinstatement to employment with back wages and benefits

Procedure Involved: Termination dispute proceedings involve examining termination legality under applicable labor laws, filing appropriate legal proceedings for reinstatement or compensation, and challenging procedural violations. The process includes evidence compilation regarding employment terms, termination circumstances, due process compliance, and legal arguments for relief. Interim relief for reinstatement may be sought during proceedings.

Jurisdiction:

Labor Courts for termination disputes under the Industrial Disputes Act
Civil Courts for employment contract breach and wrongful termination
High Court for constitutional challenges to termination orders
Administrative Tribunals for government employee termination matters