An award by CGIT cum labour court is as follows given on 24.10.2013 but published in gazette on 28.12.2013 The award is as follows
1) Issues : Whether the punishment awarded to the workman is disproportionate to the charges proved against him :
2) Issues : What relief the workman is entitled to?:
Findings: Compulsory retirement with all benefits.
Now my question is whether it includes the Payment of wages for the last 3 years period of his dismissal?
Within how many days an appeal can be preferred against the award nothing is written in the award.
The judge has erred on many account viz class 4 charge sheeted employee & his DR who did not understand English and the enquiry was conducted in English, even though the RTI admitting by the employer was submitted along with the written arguments, but yet the Presiding officer in his reasons has stated translator was provided.
No witnesses have participated but the judge mentions in his reasons that I O has examined the witnesses in the presence of workman and his defence rep. The DR of workman cross examined the witnesses., Which is totally false or lies ,no such recordings are there in the minutes o enquiry. The presiding officer has simply assumed and presumed.
Could some body guide in details on the above queries.
Also what would be the remedy to get a decision if appealed within time bound period since he has no money for even day to day needs and no money to engage a good lawyer to fight the mighty management.
The grounds for dismissal of the workman was, that though the workman was having a valid license to drive heavy vehicle he refused to drive the heavy vehicle of the employer.The workman got a certificate from RTO,which stated his license was not valid to drive Heavy vehicle which was not accepted by the employer and dismissed him.
The CGIT accepted that the workman had light license for 22 years of employment but gave a decision retire him compulsory for refusing to drive the vehicle.The order to drive the vehicle was illegal order if not obeyed is not misconduct but the Labour court held it is misconduct.
Please guide the remedies and how to get the decision at earliest since no money for survival also.
Asked in Labour from Mumbai, Maharashtra
what will be the maximum period taken by HC to decide the case.
What should be the cost involved in engaging a lawyer,since dismissed and have no means even to engge a lawyer.
Asked 3 years ago