There is no need to file appeal, appeal is only to high court, order is passed because the respondent did not attend the court and order passed ex parte, file setting aside ex parte order with cancellation of attachment order before same labor commissioner. You will get the order in the labor Court.
Labor court has passed judgment for attachment of property for 4 cases
We had provided the case to different lawyer but ex party order has been passed. one person case is also settled but he has again filed petition that he had settled the case on ground that we will provide re employment. which is not true and not there in settlement. still the order has been passed ex party. hence would like to know how to proceed further for non attachment of property and for appeal.
Asked 3 years ago in Labour
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11 Answers
If it is an exparte order, you may file a petition to set aside the exparte orders passed by the labor court.
If ther is a delay in filing this petition seeking to set aside the exparte order, you may have to file a delay condone petition along with the set aside petition giving substantial reason for the delay i approaching the court to set aside the exparte orders.
File appeal against impugned order before HC as order was passed in your absence
explain reasons why your lawyer could not appear in court on said date
we had done setting aside order to commissioner but the same was not granted and our advocate never confirmed us. now the attachment has been already intimated. Also would like to know how much time it will take for legal attachment as already it has reached our kadi taluka and their process
Asked 3 years ago
You can appeal against order
a take the plea that your lawyer never informed you that case was on board
The process of attachment if already started then you will get a notice from the authorities concerned about the date of taking physical delivery of the property now ordered to be attached.
Dear sir/madam,
As you have already applied for setting aside the exparte order to the commissioner, you can now make a first appeal to the high court. You can explain the court about the absence of the lawyer and the fact that he did not inform you. Further also justify with good reasons in case your petition for setting aside the order was filed beyond the time period. Thank you.
Attachment is matter of one day. There is still time engage a High Court Advocate , he can file a writ tomorrow, urgent motion, and obtain stay. It can be done and it is done.
- Since the court has passed ex-parte decree due to non appearance of other party i.e. you , then it can be set-aside after moving an application for the same with an application of condonation of delay on the reasonable grounds.
- Further , as the application has been dismissed , then you can approach the higher court for cancelling the passed decree and attachment order as well.
It will be confirned by formal process before labour commissioner and later will be attached through collector
You will have to move the HC for appropriate reliefs by way of a Writ or an Appeal which ever is applicable in your case.
Attachment of properties are based on claim and tenure. Details of orders and settlement terms are required to be looked into before advising. It is very much necessary to expeditiously approach concerned appellate authority for stay on such order of attachment of properties on basis of settlement terms and the liquidity of the company.
