The Industrial Dispute Act 1947  [CD1] 

 

 

BEFORE THE HON'BLE PRESIDING OFFICER LABOUR  COURT OF AT ……………………….

 

Application No:______ of 20………

 

 

……………………………………………………………Applicant/Workman 

Versus

 

……………………………………………………………..Respondent/Employer

 

Applications under Section 33-C (2) of The Industrial Dispute Act 1947

 

 

Respectfully                                                                                                                                                                    Sheweth: 

 

1.         That              the         applicant/workman         was        engaged               by           the         respondent        as            a        ________ 

 

2.         That as per ________ agreement with the applicant the respondent has promised to pay him _________ 

 

3.         That as per the agreement and the prevailing rates of daily wages agreed were Rs. ________. As such

Rs. ________ is still outstanding against the respondent. This fact is corroborated from the Annexure A- 

 

4.         That the applicant worked with the respondent till _______. Since then he has been making many visits to the respondent for balance payment but without any fruitful results. On ____________, the applicant made representation/_________________________. 

 

5.         That the respondent has not paid a balance earned wages to the applicant till date despite the fact that the ______________________. 

6.         That non-payment of legitimately earned salary/earned wages and balance thereof to the applicant is arbitrary, illegal, malafide, discriminatory and in utter violation of constitutional rights of the applicant. 

 

7.         That total amount of money due towards the respondent/employer upto the month of filing of this application before this Hon'ble Court workout to Rs. ________ _____excluding/including interest @ …… upto the month of filing of this application. Statement of account is annexed as Annexure A-________. 

 

8.         That due to such an arbitrary, illegal, unjust and malafide action, rather inaction on the part of the respondent the applicant/workman has suffered immeasurable mental agonies, financial hardship and physical harassment, which deserves to be compensated in terms of money. 

 

9.         That the respondents also deserves to be saddled with heavy and extra-ordinary costs for resorting to unfair labour practice. 

 

10.     That the applicant craves leave of this Hon'ble Court to engage counsel as it is not possible for the applicant to personally attend to the case and the applicant further craves leave of this Hon'ble Court to produce such other further evidence as may be required in due course. 

 

11.     That the applicant, therefore, most humbly prays that an appropriate order or direction be issued for the following reliefs :- 

 

(a) Direct the respondents to pay a balance wages the applicant amounting to Rs. ________/- till date of filing of this application with interest @ ………… p.a. till the date of realisation;  (b) Direct the respondent to produce all the records relevant to the case; 

(c)                                    Burden the respondents with heavy costs and award compensation to the tune of Rs. …………………- to the applicant for mental agonies, physical harassment and financial hardship; 

(d)                                   Allow        the         cost        of            this         application; 

(e)                                    Pass such other orders, directions and grant such other relief in favour of the applicant as deemed fit and proper in the facts and circumstances of the case by this Hon'ble Court. 

 

AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY. 

 

………………………………… 

 

……………………….……….Applicant/Workman 

__________________ 

 

Through,                                                                                                                                                                         Advocates 

 

AUTH. REP OF WORKMAN 

 

VERIFICATION:

 

Verified that the contents of paras 1 to ________ are true and correct to the personal knowledge and belief of the applicant. 

 

Verified at ……………………………. on ______. 

 

Applicant 

 

Annexure A-__ 

 

Details of money due but not paid by the Employer 

 

1.  Total Amount due : Rs. __ 

 

2.  Amount paid : Rs. __ 

 

3.  Amount Balance : Rs. __ 

 

4.  Int @ 18% wef __ upto the : Rs. __ month of filing of this application 

 

5.  Total bal due towards respdt : Rs. __ 

 

 

 

 

 

FORM-F

 

(See Rule 36)

 

Before the Hon'ble Labour Court of Tamil Nadu at Coimbatore

 

 

Reference No.:______ of 2008 

 

Workmen 

Versus

 

Employer 

 

In the matter of __________________ above_________________ I/We hereby authorize ______ to represent me/us in the above matter. 

 

Dated this ______ . 

 

Signature of persons nominating the representative 

 

Address: as per memo of parties. 

 

Accepted 

 

Signature of Representative 

 

Address: 

 

_______________ 

 [CD1]The Industrial Dispute Act 1947