Illegal suspension by competent employee
Dear sir,iam same person ask for help yesturday about my father illegal suspension. Iam very much thankful to lawyers like you from bottom of my heart for helping poor society people who are struggling to see a path.
Yes sir my father is still suspended and not on work. Management has not lifted the suspension. departmental inquiry happened long back but was in favour of management. The case is going on in central government industrial tribunal n02,mumbai. After repetitive request to our lawyer he decided to write a application to hon'ble court. the application is written below....
MAY IT PLEASE YOUR HONOUR
In he above application the management has stopped attending the hon'ble court since 2012 and they have also not cross examined the applicant. Therefore "no cross-examination " order was passed. Therefore the management was given opportunity to file their affidavit. However ,no affidavit was filed by the management for long. Therefore ,evidence of management was closed and the application was kept for argument .The application has filed his written arguments on 25.04.2014.The management was given time to file their written argument up to 27th October ,2014.and therefore the matter was kept for ex party from 27.10.2014.
Therefore ,I pray that ex party order may kindly be passed on the above application.
dated 20th march 2015.
After this our lawyer said hon'ble judge is not removing the order has retired now.the new judge will join soon.He said let the case go on till that time my father should enjoy whatever he is getting from management.
please suggest what could be next step.how much time will take if we approach high court.
Asked in Labour from Mumbai, Maharashtra
1. I hope your father is getting subsistence allowance while on suspension and it increases with the delay till the suspension order order is revoked and he is taken back to the job.
2. Let your lawyer apprise the reality of the situation and press for acceleration of ex parte order in your father's favour.
3. If the ex parte order by Industrial tribunal 02, Mumbai,does not come in your father's favour, then let your lawyer approach the High Court challenging the same.
1) You will need to wait for an Order to be passed by the new judge once he takes charge.The application moved by your advocate was in the right direction.
2) As all steps have been taken and all opportunities have been given to the management there is no reason why there should be any further delay in the passing of the Order.However as there is a new judge taking over there would be a new perspective and hopefully get an ex parte order in your father's favour.
3)You can approach the court only after an order is passed by the lower court.
Ask your lawyer to press this application for early disposal and in case it is not done then move an application before high court for direction to CGIT to dispose of the matter as early as possible or in a time bound on the ground of advanced age of your father.
Advocate, New Delhi
1. Immediately file an application before the High Court praying bfor a direction upon the lower Court for expediting the hearing and finishing the matter within a time frame,
2. If you can manage to get the above order from the High Court upon the lower Court, your case will be disposed of within the said time frame.