Section 11A of IDA : Section 11A: Powers Of Labour Courts, Tribunals And National Tribunals To Give Appropriate Relief In Case Of Discharge Or Dismissal Of Workmen
IDA
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Explanation using Example
Imagine a scenario where an employee named Ravi was working in a manufacturing plant in Chennai, Tamil Nadu. The management decides to dismiss Ravi citing poor performance. Ravi believes that his dismissal was unfair and files a complaint, resulting in an industrial dispute. This dispute is referred to a Labour Court for adjudication.
During the proceedings, the Labour Court reviews the evidence presented in the records and finds that Ravi's dismissal was not justified as the performance metrics were not applied consistently to all employees. Using the powers granted by Section 11A of The Industrial Disputes Act, 1947, the Labour Court sets aside the dismissal order and directs the company to reinstate Ravi with full back wages.
Furthermore, as per the Tamil Nadu amendment in Section 11B, the Labour Court has the power to execute its award as a decree of a civil court, ensuring that Ravi's reinstatement and compensation are enforced just like a court order.