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 in Labour from Hyderabad, Andhra Pradesh
who told you that? You can definitely go ahead with the appeal.
Dear Rajni Sinha - Esq
I was a party in person at the Labour Court.
To engage a Counsel to fight my case at the AP High Court case, I recently approached a Senior Counsel in Hyderabad. He said me as cited above and advised me not to waste my time and money further.
So, as per your opinion I will proceed further and try another lawyer.
Please enlighten me, sir.
I lost my case at the Labour Court level and wish to try my fate, further.
Asked 3 years ago
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.
Advocate, New Delhi