• Perjury Done by Management

Myself Gattu Tagore, My case is running in Labour court.

Before went to labour court there was a conciliation process happened in the Asst. Labour Commissioner office. I gave demand notice but finally conciliation failed, failure report and confidential report both went to Labour Commissioner head office and from there it has been forwarded to Labour Court but my observation after inspection of file found that, This report is missing in the file. 
Question No 1 : who is responsible for this weather a) Labour Commssioner head office b) Regional Labour Court c) both are responsible
After seeing this missing file I have requested the regional labour court to summon these documents from the conciliation officer but the court has rejected that your evidence is over so we cannot summon these documents

Question No 2 : Please tell me what action to be taken to summon these documents?
After that the management know that conciliation failed and the case has been refered to labour court and in coming days they should appear infront of labour court

But the Management did not attended for  more than 5 hearings and ex-parte declared by court.

after that one day surprisingly management appeared and set aside on the basis of affidavit saying they were not having notice of summon and they did not done this knowingly or willfully

I have strongly opposed for setting aside of ex-parte, but without my written reply on this matter forcibly set aside this order by the judge 
Question No 3: weather this is legally right (without our reply to the set aside application)?

after that they have given written statement, followed my replications and my evidence

after that paralelly i was applied for RTI in dept of posts online asking the summon registered post weather delivered to management on given address or not? and the reply was delivered "YES" with their rubber stamp seal as evidence from dept of posts

now i have filed that the management done perjury under CrPC 340, IPC191, IPC 195, that is they have given false statement willfully under oath on affidavit.

Question No 4 is on the basis of RTI directly judge can declare perjury done or judge should take the explanation from management?

If management gives any excuse like our peon missed the notice.

But my view is, if this will be the statement of management, then my view point is "Ignorance of Law has no excuse" 


please advice in this matter

thank you sir in advance

Gattu Tagore
9643591340
Asked 4 months ago in Labour from Ghaziabad, Uttar Pradesh
1. The Labour Commissioner's office is responsible for the missing report. An application for file tracing should be given. If the documents are refused to be summoned then the order can be assailed nefore the HC.

2. It is illegal to set aside ex parte without calling a reply frim the opposite party. You may challenge this order in the HC.

3. Mere RTI reply cannot be the basis of conviction. It can be one of the grounds of conviction though
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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If papers had been sent by Asst labour commr office to labour commr  office and papers are missing then labour commr office would be responsible for missing confidential report 

2) court can in intetest of justice permit production of these documents 

3) court can in Interest of justice set aside exparte order and permit management to contest the proceedings 

4) court will consider reply of management before deciding perjury application 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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Court can in interest of justice permit company to file detailed reply and set aside exparte order

Going to HC may not serve any purpose.
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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You should engage a lawyer and show him the ex parte order as also the order setting aside the ex parte order as without a perusal of these orders it is impossible to form an opinion. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Question No 1 : who is responsible for this weather a) Labour Commssioner head office b) Regional Labour Court c) both are responsible
After seeing this missing file I have requested the regional labour court to summon these documents from the conciliation officer but the court has rejected that your evidence is over so we cannot summon these documents

If you have a copy of the said report, you may produce the same before the court during the trial proceedings after confirming that the same has not been produced by the labour commissioner. 
If you dont have the copy of the same you can obtain the same through RTI act.








Question No 2 : Please tell me what action to be taken to summon these documents?
After that the management know that conciliation failed and the case has been referred to labour court and in coming days they should appear infront of labour court

Refer above answer for the first question and for subsequent question is that the court has got its own power to set aide the exparte order, you cannot question the authority of court. in this regard. 














Question No 3: weather this is legally right (without our reply to the set aside application)?
after that they have given written statement, followed my replications and my evidence
after that paralelly i was applied for RTI in dept of posts online asking the summon registered post weather delivered to management on given address or not? and the reply was delivered "YES" with their rubber stamp seal as evidence from dept of posts
now i have filed that the management done perjury under CrPC 340, IPC191, IPC 195, that is they have given false statement willfully under oath on affidavit.



The court has erred in not considering your reply i.e., not bothered to obtain your reply to their set aside petition and also failed to appreciate the evidence before it for having received the acknowledgment for the summons received by them.,

  The RTI reply in your possession shall be a great evidence for taking up revision before high court instead of the lengthy perjury case.

Or you can simultaneously take up the perjury case too along with the revision petition against the decision to allow the set aside petition on the false grounds.












Question No 4 is on the basis of RTI directly judge can declare perjury done or judge should take the explanation from management?
If management gives any excuse like our peon missed the notice.
But my view is, if this will be the statement of management, then my view point is "Ignorance of Law has no excuse" 


The management cannot claim excuse on such flimsy grounds. 
It is the management responsible for this negligence.
The court will hear both the sides, scrutinise the documents, appreciate the evidences before deciding on the perjury case.
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
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In the high court i will submit RTI received from POSTAL Department saying that They were having information, so please once again do ex-parte against management that is by taking oath on affidavit they told lie hence based on lie ex-parte cannot be set aside is it ok?




Yes you can take a revision on the petition decided without considering your reply before passing an order for setting aside the exparte decision. 

The information obtained through RTI act shall be a safeguarding documentary evidence to your revision petition. 
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
5.0 on 5.0

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