• Legal Aid (Provisionally Agreed to Permit subject to with drawal of Case)

I approached high court for seeking support of advocate in the enquiry proceedings. When the matter was listed, the Company councel took time and indicated High Court that the enquiry will not be conducted until further orders from court. Since then the matter did not get listed and one year time is elapsed. 
 
Based on my request letter to Company asking for reinstatement, or approve for engaging an advocate since the suspension period is more than two years. The Company reinstated me in to services pending enquiry based on the plea indicating since it is more than two years of suspension. 

Presently, I have made request to Management to provide legal aid in the enquiry proceedings, because of the time lapsed. 

The Company gave a reply saying 

Based on the request letter, the Company has provisionally agreed to permit legal aid during the enquiry proceedings on you, subject to with drawl of the writ petition filed by you in the Honorable High Court before commencement of the enquiry.

The matter is very serious in nature because the person working under me issued faulty reports to banks and CBI is enquiring. When the CBI came for enquiry the changed MD communicated to officer, Company is giving support of lawyer in the enquiry proceedings. The bypassed the Team Leader and reports are delivered. 


Questions:

1.	Can i go head and with draw the case. Letter indicates provisionally 
2. If suppose i withdraw the case and company says we cant permit to engage legal aid since we have indicated provisionally, is there will be a change to approach the court once again.

Please direct me, how to proceed in the matter.
Asked 5 years ago in Labour

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11 Answers

1) you can with draw the case . Rely upon letter from company that it has permitted you to engage lawyer in enquiry proceedings

 

2) if company subsequently refuses to permit you to engage lawyer you can approach court 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. You may not agree for the conditions imposed by the company, let them not provide legal assistance, you may approach court for this at a later stage.

2. There are possibilities for the company to tilt the entire issue stating that it was provisional or discretionary.

Hence exercise abundant caution.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Client,

Upon cited condition you can withdraw but with the liberty of court to permit fresh petition if needed. Include in order of withdrawal, consent of opposite party that they will provide legal aid once petition withdrawn.

If opposite party dose not agree, you will get there intention.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

You can withdraw the case and You can hire a lawyer and approach the court.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. See you withdraw on ground that company has agreed for providing help and.company advocate can record statement.

2.yes it will be difficult then so ask company to mention before high court and statement must be recorded.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. You can withdraw the casec filed by you before the High Court stating the ground for the said withdrwal taking leave for refiling it in case of any breach of terms.

 

2. If the Company refuses to permit legal aid thereafter, you can refile the said petition beforev the High Court as mentioned above.            

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. Do not agree with the condition of the company and withdraw the writ pending in the HC.

2. And in case you are willing to withdraw the petition and thinks that the company is not playing any game then withdraw the same with the liberty to file a fresh writ petition. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Hi,

You are not suggested to withdraw your case until you find yourself safe. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. The withdrawal is to be done only if the undertaking is made before the court by the company counsel. Without their undertaking in writing or made in the court itself do not withdraw the case in any circumstances.

2. Yes but that would be too late. That is why without without written commitment withdrawal of the case is not advisable at all.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Dear Sir,
My answers are as follows;
1. Can i go head and with draw the case. Letter indicates provisionally
Ans; It is not wise decision because the domestic enquiry may ended against you and your services will be terminated.

2. If suppose i withdraw the case and company says we cant permit to engage legal aid since we have indicated provisionally, is there will be a change to approach the court once again.
Ans; You should not opt for getting legal aid in departmental enquiry and approach High Court again by advancing the pending WP saying the company initiating departmental enquiry by violating its own promise given before the court earliar. Any way drag on the proceedings and see that no domestic inquiry is conducted in near future.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Don't withdraw it as they may discontinue the same. You can seek circulation in court and submit to the court about urgency in the matter. If still company says you to withdraw then add a clause in your agreement with company that after withdrawal company will not discontinue legal support and services of lawyer in the inquiry till the final report.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

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