You have to apply for certified copy of order passed by Udupi labour office
2) if they refuse to give file RTI application as to what happened on your complaint
How to transfer case from labour office to civil court
Sir, I have failed a case in Udupi Labour office against a private company. The judgement came very late after about one year after filing the case. They said that the case does not come under labour office and I need to go either to labour court or district court. But they are not issuing endorsement letter even after my several requests. Now, please tell me how can I get the letters so that I can proceed with the case in the other court. Thank you, Vijay
Asked 6 years ago in Labour
13 Answers
1. You do not require an endorsement letter from them to be able to file the case before Labour Court or Civil Court.
2. Just file the case.
You don't need an endorsement letter. You should take your case to the respective court and explain the delay caused in filing the case there.
Regards
You can file a fresh case in another court having jurisdiction since your earlier suit was not admitted by labour court for not having jurisdiction over the suit matter.
No permission or approval from that court is required.
You can go after the judgement and file a fresh case in appropriate court. There is no bar. You don't need any letter. The period of the said case in wrong court will not be considered in limitation period
If the order has been passed to the effect that the case has to be filed before some other forum then you do not need specific endorsement for the same.
you may go ahead and file the case before appropriate forum and make a mention about the said order and attach the order.
Regards
File a Memo seeking liberty to withdraw the case in Udupi and re-filing it before the Labour court or District Court at Bangalore. Generally 4 weeks time would be granted by the present court to refile your case. Consult an advocate at Bangalore to get proper advice.
Dear Sir,
Get certified copies of the case file and then proceed or directly file in labor court saying they instructed you to file and call for entire file from labor office.
You can retrieve the papers from the labour office immediately and file a case in the high court by a writ petition.
Alternately, you can submit an application to the labour commissioner containing your grievances , by which the labour commissioner will summon both the parties and conduct enquiry, if the talks fails then he may refer the matter to the labour court directly.
Labor office has no such authority. You have been fooled by them. Have to file petition in labor court.
why uou need an endorsement letter simply you can file fresh case or you can apply for certified copies order passed by Udupi labour office .
- Since , the Udaupi Labour office has passed the said order , on the bais of jurisdiction , then there is no need for taking endorsement letter from the same.
- You should apply to take a certificed copy of the said direction /order from the labour office, and further file your case before the labour court .
- If, they refused to issue the certified copy , then even you can file your case before the labour court /district court.
- Further , in that case, you can mention that earlier you had filed before the Udupi labor office , the court itself will issue notice to the labour office , in need.
Yes you can get letter by making application for obtaining the letter.
If they refuse to provide you letter then you can make application under RTI act to get order of labour office on your complaint.
Yes you can proceed with case in civil court.
