• Recovery of outstanding dues after retirement from wcl employer b

Under section 33C(2) of the Industrial Disputes Act,1947, I have filed application  in Labour court which is at the order stage. the respondent western coalfields limited subsidiary company of coal india limited, employer( Govt.of india undertaking) has given application that  wcl is applying to high court for stay order. Whether without receipt of stay order by the labour court, proceeding can be stopped on application only submitted by respondent to labour court. Please advice me in this regard
From Advocate S.s.gupta
e mail sadashiv_gupta@yahoo.co.in
Asked 1 year ago in Civil Law from Nagpur, Maharashtra
After order is passed WCI will seek stay of order to enable them to file appeal before HC and seek stay 

2) labour court woukd grant WCI 4 weeks time or so to obtain stay order 

3) if no stay is obtained proceedings would continue 
Ajay Sethi
Advocate, Mumbai
35296 Answers
1958 Consultations

5.0 on 5.0

A mere application that the applicant is applying to the HC for a stay order, hence the lower court should itself the proceedings, is no ground to stay the proceedings. 
Ashish Davessar
Advocate, Jaipur
21375 Answers
572 Consultations

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