• Two different types of working hours in same factory

Dear sir my quction is that,I am a worker of a central government PSU which is SPMCIL and his corporate office in Delhi SPMCIL is a PSU of Ministry of finance spmcil have 9 unit in all over India .I m a worker of his unit my unit name is India government mint bhiNoida which make currency coin .last year spmcil pass a order for only new recruiting working in a week 48 hour and old worker which come to transfer from central government service when spmcil made they work in in a week 44 hour in a same unit.It ia the voilation of my fundamantel right of right to equality . We already file a case in allhabad highcourt but there are a large number of Case pending and our counsel are also not take interest even we pay 53000 but they did not file rejoinder last two year.


Can we file A PLI on that matter in supreme Court of india. Our residence in delhi. And the main office who circulate that order in all unit of SPMCIL also in Delhi but unfortunately our unit in noida . In 2013 we file this case in Delhi highcourt but after 2year hearing one day court says your judiciary in allhabad because your unit in Noida so disposed and say approach to allhabad. Now we are fight in allhabad but due allahabad highcourt given no date only one hearing or max 2 year if u lucky then your case rakho otherwise next date given.
Asked 7 years ago in Labour

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8 Answers

Since the matter pertains to group of employees and the writ is already filed the PIL wont sustain better then this change the lawyer and peruse the matter before the high court.

Sir a civil application can be filed in the main application for deciding the final hearing and early hearing of the matter change lawyer i think your lawyer is least interested otherwise if he wishes he can pray before court to take up matter for final hearing and decide same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello

The jurisdiction is of allahabad hc. Therefore you cannot file the case in delhi hc. You cannot file in the sc as the mAtter is still pending in the hc.

Engage s more competent lawyer and file a rejoinder affidavit.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

During pendency of your writ in HC you cannot file PIL in SC

2) ask your lawyer to make application for early hearing in HC

Ajay Sethi
Advocate, Mumbai
99810 Answers
8147 Consultations

1. You say that you have already filed a case in Allahabad High Court, which I assume must be a writ petition, and which you say is still pending.

2. During the pendency of your writ petition before HC you cannot file a PIL in the Supreme Court. If you venture to file such a PIL in the Supreme Court during the pendency of your writ petition in the High Court then it will be a misadventure which the Supreme Court will dismiss with heavy costs.

3. Rather, file an application for early hearing in the HC.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Your PIL in the Supreme Court would not be maintainable as the matter is already pending in the high court.

You should change your advocate and hire a new one. The first thing we should do is to file an application for urgent hearing in Alld. High Court on grounds on seriousness of the issues involved.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Since you have already approached high court in this regard, you cannot jump or escalate the matter to supreme court without getting a result in this.

You have to wait for the high court to bring it in list and conduct trial.

You can ask your advocate to somehow manage to get this case listed in the next list for trial.

PIL is not maintainable

T Kalaiselvan
Advocate, Vellore
90012 Answers
2497 Consultations

If you wants to file a PIL in Apex Court then withdraw you petition from Allahabad High Court as I think that since two years have been passed and you are unable to file rejoinder affidavit then it is something that your lawyer is not taking interest in the matter.Have you ever discussed with another lawyer at Allahabad if not please discuss once before taking any step.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Hi,

It is suggested that you press that case in Allahabad high court and also go for Interlocutory applications, if required. Remind your advocates for the same.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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