Applications under Section 33-C (2) of The Industrial Dispute Act 1947
BEFORE THE HON'BLE PRESIDING OFFICER LABOR COURT OF TAMILNADU AT COIMBATORE
Application No:______ of 2008
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-1
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 @ 18% 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 @ 18% 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. 25,000/- 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.
Coimbatore
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 Coimbatore 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
month of filing of this application :Rs. __
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:
_______________
