Labour Law, Query on Industrial Dispute Act, 1947
My case is running in labour court, regarding illegal termination and salary cheating.
My designation was “Field Service Engineer”
Management in their written statement told that I have been appointed in supervisory capacity, but in my replications I told that I was working in ‘worker’ category because nobody was reporting or working under me, I don’t have any leave passing authority, hiring or firing authorities, cheque signing authority, company policy making authority and I was working under manager.
After their WS and my Replication following issues were framed by the hon’ble court
(1) Whether the termination of the services of the workman is illegal and unjustified, if so to what effect? OPW
(2) Whether the petitioner is covered under the definition of ‘workman’ as per section 2-s of the I.D.act? OPW
After framing issues, workman evidence closed, followed by cross-examination conducted by management on me and after that, I found very important documents in which the management itself declared me as ‘worker’. These documents, I was unable to tender during workman evidence phase, because these documents were misplaced during my house shifting process from one city to another city. I was unable to trace these documents before workman evidence was closed.
So I wanted to submit these documents as additional workman evidence, so I have submitted the application for additional workman evidence, containing Exhibits EX-P17 to EX-P35. Out of these exhibits, EX-P34 was misplaced and most critical to me, to prove myself as the worker. Hence the hon’ble court said to submit the reply for this application to management on next hearing.
But management did not give any reply on next hearing since they did not file any reply, the hon’ble court was supposed to accept my application. since there is no resistance from management but hon’ble court without their reply and my replication directly conducted the argument. In that I have strongly argued that EX-P34 contains very critical document in which the management itself declared me as a ‘worker’ and the burden of proof is on me to prove myself as a ‘worker’ in front of court as you can see the three issues were framed by the hon’ble court, the management argument was very poor. But even then hon’ble court mentioned that my arguments were poor and my application was finally rejected by improper, irrelevant and incomplete explanations. i.e. no reasons were given to Exhibits EX-P21, EX-P33, EX-P34 and EX-P35 out of Exhibits EX-P17 to EX-P35.
Question No 1
I know that this order can be challenged in HC for this which petition to be applied? Review petition, revision petition or writ petition? And I came to know that there is no time limit for Review petition, revision petition or writ petition, is it correct?
Question No 2
Since there is no explanations or reasons of rejection given for Exhibits EX-P21, EX-P33, EX-P34 and EX-P35 out of Exhibits EX-P17 to EX-P35.
Shall I ask the same court (trial court) to give reasons for rejection of Exhibits EX-P21, EX-P33, EX-P34 and EX-P35 out of Exhibits EX-P17 to EX-P35 As law also permits under section 114, Order/Rule 47 of C.P.C., is correct?
Question No 3
Before going my case to labour court, there was a conciliation process and there it has failed and then, the case was referred to labour court, the conciliation report, confidential report was sent to Head Office, the labour commissioner but this document is missing in court file, Please tell me whether this confidential report is supposed to send this document to labour court know or not?
Question No 4
Since I was unemployed from last 3 years, I took 5 lakhs loan from my father in law towards my family expenditure and they are unable to give further loan and I am not getting any job due to following three reasons a) may age is above 41years b) due to termination and c) due to my court case is running. Since the company did not pay full salary during my entire 22 months tenure. i.e. salary cheating done to me, paid less salary than the offered salary, So finally my question is shall I ask “INTERIM RELIEF or MAINTENANCE” If yes under which section of I.D.Act or any other act other than I.D. Act is applicable for this situation?
Asked in Labour from Ghaziabad, Uttar Pradesh
1. A writ can be filed. It is to be filed at the earliest available opportunity.
2. The trial court will not recall its order. So dont waste your time filing the application.
3. The conciliation report had to be included in the judicial file. You can file an application for tracing of the document to the trial court,
4. To claim the arrears of your salary you have to file a suit for recovery. If you have not sought reinstatement with full benefits then the plaint will have to be amended to incorporate this prayer now.
Q-1:You can file a revision petition before high court by narrating the entire episodes properly.
Q-2: The trial court has already disposed the issue, hence you you have no option than to approach appellate court.
Q-3: It is not necessary that all the documents including the irrelvant documents need to be sent to court.
Q-4: You can consult your advocate on this who shall be able to clarify the details. Actually, even if you are suspended, you should get at least half salary You can legally fight this too.
In my labour court, the previous judge, present judge, labour court staff all are resisting me, misguiding and even misbehaving in the main court hall itself with me in all aspects of court proceedings. Actually, I want to complain about all the events so that their negative things to be recorded in the court file, please give this answer in two ways 1) as per law what negative effects are possible against me e.g. dismissing the case or punishment to me etc.
2) practical situation
Asked 8 months ago
1) judges have the responsibility to dispense justice
2) judges are not biased against any litigant
3) since you don't have In depth knowledge of law in case any adverse decision is taken you feel they are misguiding and humiliating you
4) do not react negatively to the behaviour of staff
5) in case you are aggrieved by any order of judge of labour court you can always file an appeal . That is practical solution to your problem
You should have proper and sufficient proofs to prove that the said staff have tortured and misbehaved with you.
If you have reliable proofs to prove your statement, you can give a complaint to the district court mentioning all such events that happened under its nose.
The district judge will inquire into the circumstances and shall initiate suitable action if the allegations are proved.