• Delay in High court

I am Vinit Jain and have taken TCS to the court for illegal termination. Labour court ruled in my favour on 23/03/2017. TCS appealed in High Court on 11/07/2017. Currently, it is at pre-admission stage. No progress has been made since filing of petition. It is being pushed to another date and those dates are almost 6-8 months apart. Please advise how should I tackle this issue?
Asked 6 years ago in Labour

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16 Answers

If no stay has been granted by HC, file contempt in Labor court. You already won the case, why bother if any appeal is pending, TCS is obligate to honor order.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

An application for expeditious hearing and disposal of the case should be filed in the high court and the hc if it finds merit in the urgency will list it in the next cause list.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. you can enforce the labour court order passed in your favour by filing an execution application in that proceeding, since the petition challenging the labour court order is not even heard and no stay is granted on the labour court order

2. it is for the petitioner TCS to take steps to get its matter listed on board for sooner hearing

3. normally the petition will be assigned date as per the case management information system software maintained by the High Court, which is automatic and does not have any human intervention

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Move an additional affidavit for early hearing in the matter mentioning that you are passing critical financial crisis and if you think fit appear before the Registrar Saheb with the copy of the affidavit and request personally otherwise there is a back log. 

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Litigation is long drawn and expensive proposition 

 

2) HC is over burdened with cases 

 

3) hence the delay in hearing of appeal 

 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

You can file an application for early hearing before court citing the ground of.urgency on account you have not joined another job or any other ground.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

This is my response to you:

1. You must ask your lawyer to 'mention' the matter before the court;

2. You have to mention the urgency for early hearing?

3. Has stay been granted to the TCS?

4. You must consult a local lawyer, discuss full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Hi, 

You are suggested to file an application of early hearing in the court giving advance copy to TCS. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Hello, 

File an application for early hearing of the case. 

has the notice been issued to you? 

If the stay has not been granted then apply for execution of the order of the Labor Court. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

High court matters are listed on board after many months due to pendency of matters.  If your matter has any urgency you can mention the same before court

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Since there's no stay order by high court staying the operation of the labor court orders you may file an execution petition to execute the orders given in your favor. 

They cannot object to this since there's an inordinate delay by high court and moreover there's no stay granted by high court. 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

1. Ask your Advocate to negotiate with the office of the Registrar to get the  case appear in the list.

 

2. Your advocate can also make a mention before the Judge praying for early hearing of the matter.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

If there is no order of stay passed by the court then TCS is bound to implement the order passed  by the Labour Court.

So file a contempt petition in labour court to get its order implemented by TCS.

This has the advantage of getting the writ petition heard by high court in no time at the behest of TCS.

 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

 move an application before the Cheif Justice and seek early disposal of the matter. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If no stay order has been granted by the High Court to them, you can can proceed to file for execution of order of the labour Court. If there is a stay, you can file an application for vacation of stay.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have already got the order in your favour, but TCS has gone in appeal before the Hon’ble High Court.
  2. You need to appear on the next date and request for the compliance of the order passed by the labour court as this is the rule when going in appeal to compliance with the order passed.
  3. And if wish can file an application for early hearing on the same ground before the Hon’ble High Court. You will surely get the relief.
  4. Lastly, also see the period of limitation, if it is beyond that then appeal will be dismissed at admission stage itself.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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