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in Labour Law
Asked October 04, 2017

Power of labour court to give compensation for harassment

  • 1 Answer

Hello, My employer illegally terminated me without giving an experience certificate. I raised complaint with labour office and the employer was summon three times but the employer didn't turn up. After fighting for 9 months in labour office, my case was finally sent to labour court by labour office Since i didn't get experience certificate, i was unable to get a new job and it has been almost a year, I am still unemployed. So, I am planning to request compensation for harassment, mental agony and loss of career from labour court as my multiple attempts to get experience certificate was denied by employer but labour officer is saying that labour court don't have jurisdication to award compensation. Labour Judge can only give your job back with full salary backwages. 1) Is it true that labour court can't give compensation for harassment and loss of career? 2) If i challenge the labour court judgement in high court, will i get compensation there? Will high court have jurisdiction to award compensation in this case? How long will high court take to give the judgement? Please reply Regards, Sachin

Answer 1

Section 25C of the Industrial Disputes Act, 1947 suggests that a Labour Court can grant compensation "which shall be equal to fifty per cent. of the total of the basic wages and dearness allowance that would have been payable to him [the employee] had he not been so laid-off". This suggests that Labour Court cannot grant compensation for harassment and loss of career, though you should be able to file a civil suit in this respect. You will have to file a separate suit for such compensation, in a civil court of original jurisdiction, not necessarily the High Court. There is no standard time in which a judgment can be expected from the civil court, though it generally takes longer than a year.

Agree Comment 0 Agrees over 3 years ago

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