श्रमिकों के लिए न्याय
Justice For Workmen Made Simple Easy & Quick
SAMADHAN
Software Application for Monitoring And Disposal, Handling of Apprehended/Existing Industrial Dispute
FAQs

SAMADHAN Portal is a digital initiative of Ministry of Labour and Employment to make the system transparent and more efficient and to make the life of workmen/union and other stakeholders smooth by giving them a single platform for raising their grievance in the form of industrial dispute, charter of demand, claims under applicable labour laws and other grievances related to employment.The purpose of Portal is also to minimise the confusion of workers under applicability of labour laws , to eliminate the delay caused due to offline communication at various levels & to facilitate the workmen/unions/stakeholders in tracking their matter online and for centralised monitoring by ministry to bring transparency and efficiency.

Issues Who can raise the complaint? Applicable Act
  • • Less payment,
  • • Non-payment of overtime,
  • • Non-payment of allowance like allowance for working at height, working in tunnel, working at hill station/ winter allowance.
  • • Worker
  • • Group of worker
  • • Union
  • • Inspector
  • • Legal representative
The Minimum wages Act, 1948
  • • Non-payment,
  • • Unauthorized deduction,
  • • Non-payment of displacement allowance.
  • • Worker
  • • Group of worker
  • • Union
  • • Inspector
  • • Legal representative
The Payment of wages Act, 1936
  • • Less payment and discrimination on account of gender to the female and transgender.
  • • A claim may be made by the worker himself or herself or by any legal practitioner,
  • • by any official of a registered Trade Union
  • • authorized in writing to appear and act on his or her behalf by the worker
  • • By any Inspector appointed under section 9 or by any other person acting with the permission of the authority.
The Equal remuneration Act, 1976
  • • Non Payment of Gratuity
  • • Delay Payment of Gratuity
  • • Less Payment of Gratuity
  • • Employee
  • • Legal heir of deceased employee/ disabled Employee.
  • • Authorized representative of employee.
The Payment of gratuity Act, 1972
  • • Non-receipt of maternity benefit.
  • • Illegal termination during the period of maternity leave.
  • • Nominee of deceased woman employee
  • • Legal representative of deceased woman employee
  • • Inspector
The Maternity benefit Act, 1961
  • • Individual workman can raise dispute for illegal termination.
  • • And group of workman can raise dispute with chatter of demand, regulation of service, bonus.
  • • Group of worker /trade union /employer can raise disputes U/s 2(k)
  • • Workman can raise dispute only in case of illegal termination U/s-2A
The Industrial dispute Act, 1947
• General grievances • Any other grievances not related to EPFO/ ESIC and also covered under the above mentioned Acts.
• For matter related to EPFO and ESIC are not dealt under this portal , Hence the workman can approach EPFO/ESIC with the provided links • ESIC- https://www.esic.in/web/esic/rti/grievances
• EPFO- https://epfigms.gov.in/Grievance/GrievanceMaster

No, email is not mandatory. However it is suggested that one should update his/her email to get the important updates.

No, There is no such charges for lodging a complaint on SAMADHAN Portal when the worker/user lodges a complaint themselves or using the Umang app.

Yes, by visiting the nearest Common Service Centre the worker can lodge his/her complaints. The CSC VLE will charge Rs. 30 per application as a service charge from the workman. In case any issue related to CSC you may mail it to ecommerce@csc.gov.in

No, it is not mandatory. It is advisory for union/workers to file complaint through SAMADHAN Portal. However ,it is mandatory in the part of dealing officers of labour commissioner’s office to register all such dispute/complaint/claim through SAMADHAN PORTAL, and all the stakeholder are expected to co-operate while the officer converts offline grievance to online by providing the required information/credentials.

If the industrial dispute is not settled ,
(i) FOC report in respect of Industrial dispute filed under section 2A will be forwarded by the conciliation officer to the Dy.CLC(C)/CLC(C) and the dispute maybe further referred to CGIT-cum-labour court for adjudication.
(ii) FOC report in respect of industrial dispute is filed under section 2(k) will be forwarded by the conciliation officer to Ministry of Labour & Employment, and the dispute maybe further referred to CGIT-cum-labour court for adjudication.

Labour Court gives opportunity to the parties in the matter to be heard and then it passes award which is enforceable to both the parties.

The matter maybe brought to the notice of the Dy.CLC of the concerned region.

Yes, for better accessibility through mobile phone, UMANG App can be downloaded from play store and worker and other stake holders can lodge complaint through it as the SAMADHAN is integrated with UMANG platform.

No. SAMADHAN is not integrated with WhatsApp. It is integrated with SANDES. We suggest all the officers & workman to download SANDES application in their mobile to get updates, status& other notifications related to dispute/claim/complaint.

Mobile number cannot be updated once registered. If in case mobile number is lost , forward your matter through labour commissioner officer.

If, the Authority cum RLC passes order in favor of Applicant and the employer doesn’t make the payment complying the order of the Authority. The applicant may bring the matter in the knowledge of RLC for recovery of the same.

If aggrieved with the decision of the Authority Cum RLC under the Minimum wages Act/ Payment of wages Act than the aggrieved party may move to court.

Yes, only in case of ex parte order and within the period of 30 days.

Any person aggrieved by an order under the payment gratuity Act may submit an appeal to the concerned authority (Dy. CLC). Prescribed limitation for filling an appeal before the Appellate Authority under the Payment of Gratuity Act, 1972 is 60 days from the date of the receipt of the order. After expiry of prescribed limitation of 60 days the Appellate Authority may condone the delay only up to further 60 days and not beyond that i.e. total delay of 60+60+ 120 days. Any delay beyond 120 days cannot be condoned in any case by any authority.

Currently application of the Appeal under the Payment of gratuity Act is received through offline mode with following details/documents
o Copy of Order pass of controlling authority
o Memo of Appeal (Brief details of the case)
o Ground of appeal(why the appellant feels the decision of controlling Authority is not judicious )