As two steps has already been passed then option of settlement stands no where, the only way out is to move an early hearing application before DB and if it also goes in favour of the company then immediate writ before Hon'ble SC.
Wrongful dismissal
This is an industrial case concerns to wrongful dismissal and fight for justice.In 1997,Birla Corp had wrongfully dismissed me on ground of theft.Company had filed no FIR, only on base of internal one sided enquiry this decision was made. After that the I filed case in labour court(kolkata)where judge was biased n gave judgement in favour company.Again appeal was made in single bench kolkata high court,double bench and finally in division bench.I am still waiting for justice. In single bench judge ordered company for joining.but company denied.further judge in court room 09 given judgement in favour of company. Further appeal made in double bench,case is still pending. So, please tell me what should I do in this case for this long pending fight against company.
Asked 3 years ago in Labour
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12 Answers
Wait for disposal of appeal
Company cannot be forced to reinstate you till appeal is disposed of
Dear Sir,
1) You can file a writ petition in such case to fast track the decision, as you have already filed appeals where no fruitful result has been obtained.
2) The court may on consideration that no chance for defense had been given and violation of natural justice to overturn the judgement of the labour court.
Thank you
Hello,
- As the case is pending before the division bench of the High Court, you must wait for the hearing. Appropriate case laws with proper presentation of the case should land you a favourable order, provided your case is meritorious.
- You have a further appeal in the Supreme Court if the High Court dies not favour you.
- One needs to go through the entire file to be able to provide any specific opinion to assist the course of your fight for justice.
Since you have preferred an appeal before the double bench, you may have to wait for the decision of the bench, after which you can decide further course of legal action.
Since your case is languishing in Hon'ble High Court, what you can do is move an application for ealry hearing
Or you can file a case in Hon'ble Supreme Court to expedite the case.
There is no any hearing done since last two years.My advocate is quoting that your case is old and in high court only new case hearing is being done. But in my case although it is around twenty years old case,court had ordered twice for joining and providing benefits. But company's lawyer and management is only passing time instead providing benefits. Above all,they are making contempt of court by not obeying order of hon'ble HC. At this stage of my fight,I am feeling that I cannot get any justice as people says no one can win against corporate . I feel it becomes a hard nut to crack. I am stuck between the court and the company. Please advise.
Asked 3 years ago
Brother as you have told me about your case you have several options here,
1. MOVE AN EARLY HEARING APPLICATION
2. MENTION BEFORE THE HON'BLE COURT THAT YOUR MATTER IS AMONGST THE OLDEST MATTER AND SHOULD BE DISPOSED OF
3. YOU CAN FILE FRESH CONTEMPT CASE AGAINST THE COMPANY.
Further if Hon'ble court passes any order to dispose the application or contempt case you can always approach Supreme Court.
You need to push your case for justice, justice doesn't follow by just filing the case. These things wont cost you much but will not let your case be anymore dormant.
Due to Covid court functioning have slowed down but not stopped.
On account t of COVID only urgent cases are being heard
once situation improves and court starts physical hearings make application for expedited hearing of your petition
Hello,
- It is not true that the High Court hears only new cases and not old cases. And let your lawyer press for an ex-parte order against the company if they refuse to join the proceedings.
- If you have material to prove wrongful dismissal on part of the company and it was properly represented during the trial stage and was not considered while passing the order, you have a chance to succeed in the appeal.
- It is critical to examine all relevant documents pertaining to the case so far, to advise about future course of action. It is a myth that one cannot get justice against a corporate entity.
If you feel that this advocate is not properly cooperating with you you may either change the advocate or you can appear as party in person also.
You may give an application to the registrar, high court to bring this case on next list of hearing.
Dear Sir,
1) You should make your lawyer file application to expedite your hearing,
2) The application has to be made to registrar of the High court to file the hearing of your case and list it early. As the case has been long drawn. The registrar will consider the situation and list it.
Thank you
- As per law, an employer can terminate its employee , if found guilty of willful insubordination or disobedience; theft, fraud, or dishonesty; willful damage to or loss of employer’s goods; partaking of bribes or any illegal gratification; absence without leave for more than 10 days; habitual late attendance; disorderly behavior during working hours; or habitual negligence of work.
- Further, an employer cannot terminate an employee without giving the employee at least 30 days of notice or a salary in lieu of such notice.
- Further, as per the Industrial Disputes Act, any such employee who has been employed for greater than a year can only be terminated after permission is granted by a suitable government office. Additionally, an employer must provide valid reason for termination and pay a severance amount that is equivalent to 15 days’ average salary for each year of uninterrupted employment.
- Since, you have already challenge the decision of the company , then for getting judgment in your favour , you should contest your case diligently after submitting all the proofs , and further in the absence of any FIR ,the company cannot terminate you only after taking approval internally.
- However, as your case is old , then your matter should be heard on urgent basis .
- You should move an application before the appellate court for urgent hearing of the case on the basis of longer period.
