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To analyze the procedures in the labour court in order to establish wihic labour cases are of the same nature as administrative cases. This thesis also aims to analyze whether or not the rules for the procedures under the Act on Establishment of the Labour Court and Labour Dispute Procedure B.E. 2522 are appropriate for the trial, judgment or order in relation to the administrative cases which are under the jurisdiction of the Labour Court. The purpose of this research is to improve the rules for the procedures in the Labour Court in order to ensure that they are suitable for administrative cases. This research has discovered that under the rules for the Labour Court procedures laid down in the Act on Establishment of the Labour Court and Labour Dispute Procedure B.E. 2522, the type of administrative case which would be under the jurisdiction of the Labour Court has not been clearly specified. In addition, the provision that allows the application of the Civil Procedure Code to the proceedings in the LabourCourt as mutantis mutandis would be problematic when administrative cases are tried in the Labour Court. This means that the party to an administrative case which is under the jurisdiction of the Labour Court must, according to the law, be a person and their rights must involve a dispute the result of which is that the rights and liberty of people may not be fully protected due to an unlawful administrative act committed by an administrative authority or a government official which is involved in labour procedures. In addition, such rules do not contain a provision, which requires the party to the administrative case to remedy the grievance and pay damages before the legal action is taken. There is also no provision relating to the prescription period required within which the administrative case must be taken. Furthermore, there is no provision in relation to the issue of whether or not a judgment or order could have a retrospective effect or whether it could take effect at some point in time in the future. Conditions may also be imposed on the effectiveness of the judgment or order. There is no scope for controlling the lawfulness of administrative acts, which do not conform to the "basic concepts and principles" that form part of the "juristic method" of the public law. These "basic concepts and principles" must be in accordance with the rules of trial in the Administrative Court as laid down in the Act on Establishment of the Administrative Court and Administrative Dispute Procedure B.E. 2542. As a result, the facilitation of justice would be obstructed in terms of the consideration and adjudication of a judgment or order in an administrative case which is under the jurisdiction of the Labour Court. Therefore, to guarantee, protect and confirm the fundamental rights of the people and to balance the fundamental rights of the people and the public interest al the same time in the consideration of administrative cases in the Labour Court, I would like to propose that there should be an amendments to the Act on Establishment of the Labour Court and Labour Dispute Procedure of B.E. 2522. This amendment would be in relation to the definition of an administrative case, the power in respect of consideration and adjudication of an administrative case, requirements for taking an administrative case, and the scope of controlling lawfulness of administrative acts in the Labour Court. |
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