You don't have to worry the HC will dispose off the same on merits. He has a right to go in writ as a remedy.
Where to file petition for salary when employer files writ in highcourt to quash Spl DC order
Sir, I won the case(tamilnadu shops and establishment act) against my termination and Spl DC of labour ordered to reinstate me with full back wages.Employer filed an writ petition to quash the order by SPL DC in highcourt. I am unemployed during entire course of case and now. Where i have to file a petition(TNSE act 41A) asking for salary when case runs in highcourt? I was working in abroad as employee and also i received Indian basic pay when they terminated. Also before 3 months of my termination they paid me only indian basic pay and not abroad salary when i was forced to stay in home india before they terminated me.I can file case to get both my salary as i was paid during employment? I am an MS graduate they paid only Indian salary for PF and no allowances. Thanks for your support.
Asked 7 years ago in Labour
8 Answers
A writ petition has been filed by the government against the order of DC. In this writ petition the government must have made you the opposite party. Therefore you should engage a lawyer and file a reply and if you haven't been made a party, youbshould appear through a lawyer in that case and ask for permission to file a reply.
Regards
Hi,
If you are not impleaded as a party in writ petition, file an application before high court to implead you as a party and contest the writ petition strongly to let it be dismissed with costs. Your rights will be protected by this method.
in writ petition pending in HC seek court orders to direct company to pay your arrears as you are unemployed
seek expedited hearing of writ in HC as you are unemployed with no source of income
1. The order of DC has been assailed before the High Court through a writ petition. You don't have to file any new case, just contest the writ petition in the High Court by engaging a competent lawyer.
2. It is not clear whether HC has ordered stay on the order of Spl DC. If no such stay has been granted then employee is liable to release your salary.
Please file immediately an affidavit with an application of early hearing before Hon'ble High Court , please note that this affidavit you file in the same case which employer has filed and mention that during the pend-ency employer is not paying you the perks, definitely Hon'ble H C will give you the benefit.
I may have to understand in detail. Can we talk ?
I am available to take calls after 14.30hrs daily.
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Regards
G.Rajaganapathy
You can file a petition before additional DCL seeking direction to employer to pay you your wages that are due to you.
