Disputes Regarding Absorption And Regularisation Can Be Raised Only By Labour Union On Behalf Of Workman: Karnataka High Court

Posted On - 15 February, 2024 • By - King Stubb & Kasiva

An employee of one of the labour contractors of the petitioner company filed a plea before the Labour Commissioner, expressing grievances about his employment. Subsequently, the Labour Commissioner transferred the petition to the jurisdictional Deputy Labour Commissioner where the conciliation proceedings failed, and the Conciliation Officer submitted a factual report to the Government. Thereafter, the Department of Labour passed an order of reference dated February 6th, 2023, directing the Tribunal to adjudicate whether the contract worker was justified in raising the dispute regarding regularization/ permanency of his job with the petitioner company and subsequent relief, if any. The said order came to be challenged before the Hon’ble Karnataka High Court in Writ Petition No. 7674/2023, which held that a claim before the Industrial Tribunal by an individual contract worker regarding his absorption and regularization in a company can be raised only through a union representing workman not by himself.