• Challenge the Labour Court Award before High Court - Age Limit ?

Sub: Challenging the Labour Court Award before High Court – Age issue – reg.,
My case for reinstatement with back wages in Industrial Tribunal, hyderabad after 17 yrs battle is dismissed on the grounds I am a Supervisor (not a workman). 
My query is:
Now I am 58.5 yrs old. 
I am told that If I challenge the Labour Court Award before High Court and suppose it reaches when I am 65 yrs old, the court will not even take up my case and simply dismiss because I am 65 yrs old.
My point is even If I am 65 yrs then the Court shall take up the case and If I succeed in High Court I will be getting the back wages for the period upto the age of my retirement, if not  service due to 65 yrs age.
Please advise me as to shall I fight my case further or quit.
With regard to the merits of my case my gut feeling is I have a very very strong case and If the high court accepts and takes up, it will be in my favour.
Asked 3 years ago in Labour from Hyderabad, Andhra Pradesh
who told you that? You can definitely go ahead with the appeal.
Rajni Sinha
Advocate, Mumbai
276 Answers
25 Consultations

4.8 on 5.0

You can challenge the Award in HC. If you reach age of superannuation by the time your WP is decided,  you will not get reinstatement but definitely court shall award you back wages and benefit of continuity of service or a compensation in lieu there of.
You have option of filing a civil suit for damages even now,  depending upon how your termination of service took place.
H. S. Thukral
Advocate, New Delhi
550 Answers
156 Consultations

5.0 on 5.0

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