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.
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?
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.
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
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
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.
Litigation is long drawn and expensive proposition
2) HC is over burdened with cases
3) hence the delay in hearing of appeal
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.
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.
Hi,
You are suggested to file an application of early hearing in the court giving advance copy to TCS.
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
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
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.
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.
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.
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.