Recourse for redressal: Civil Courts, Labour Courts or NIRC

For further information, please reach out to our Key Contact Advocate Mrs. Ammara Farooq Malik.

In case of any legal action taken by an employee, the company can respond to them depending upon which forum the complaint has been taken to. The workmen can take their complaint to the Labour Court or National Industrial Relations Commission (NIRC) and non-workers can take their grievances to the Civil Court.

The company in both instances, can take the plea that the company:

  1. Is well within its sphere of authority to terminate an employee who was engaged in corrupt activities amounting to misconduct.
  2. Has sufficient admissible evidence available to support such a claim against the employee.
  3. Has followed the due process of law as laid down in the Labour Laws and company HR Policy, to ensure that there is no wrongful termination or dismissal of services of the employee without following the prescribed procedures.

In case of workmen:

Employers can also propose to settle a claim led against them. The Punjab Industrial Relations Act, 2010 specifically requires that whenever an industrial dispute arises, the collective bargaining agent (CBA) must put forward the dispute for conciliation. In case the conciliation fails, the law also provides for arbitration.

In any other case, the parties can settle their claims at any time, upon mutually agreed terms. Section 33 of the Punjab Industrial Relations Act, 2010 permits any CBA or any employer to apply to the Labour Court for the enforcement of any right guaranteed or secured by law or any award or settlement.

Any party aggrieved by an award or a decision given or a sentence passed by the Labour Court, NIRC or Civil Court, may now submit an appeal to the High Court and consequently to the Supreme Court.

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