Apni Law Staff asked 3 years ago
Can a senior employee, working alone, initiate conciliation proceedings without a trade union? This issue arises as the employee is the only one affected by the dispute. Can I rely on the Supreme Court’s Bangalore Water Supply case, which broadens the definitions of “industry” and “workman”? If not, what other legal options are available? Also, under Section 2(s), I am an independent contributor with no managerial responsibilities. Does this qualify me for conciliation proceedings?
Best Answer
Apni Law Staff answered 3 years ago
Under Indian law, an individual employee can initiate conciliation proceedings without a trade union. The Bangalore Water Supply case broadened the definition of “workman” and “industry” but doesn’t explicitly address this situation. You may be considered an “independent contributor” under Section 2(s), which may qualify you for conciliation proceedings, but it’s advisable to consult with a legal professional for a definitive assessment based on your specific circumstances.
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