Dear respected members please help me out from this peculiar situation. The AR(W)s appointed by me from time to time have been deceiving me and hence I had to excuse them. Till date three AR(W)s have been excused. Infact the owners are very influential and wealthy and such I am left with no other alternative to represent the case myself.
The first AR(W) appointed by me did not name the actual employer (organization) as a party to suit while playing in the hands of my employer. I therefore applied before the Ld. P.O. of the labour court to add/join actual organization as a party to suit and also gave him a supreme court judgment (Hochtif Gammon Vs Industrial Tribunal delivered on 1 April 1964), wherein it has clearly been stated “ If it appears to the tribunal that a party to the industrial dispute named in the order of reference does not completely or adequately represent the interest of the employer, on on the side of the employee, it may direct that other persons should be joined who would be necessary to represent such interest. If the employer named in a reference does not fully represent the interest of the employer as such, other persons who are interested in the undertaking of the employer may be joined. The test always must be, is the addition of the party necessary to make the adjudication itself effective and enforceable? It is in the light of this test that the implied power of the Tribunal to add parties must be held to be limited”.
The same view is repeated in many other judgments but the Ld. P.O. has denied to add/join the actual organization as a party to suit although the organization named in the reference belong to same group of directors. To make facts more clear, in other words I was appointed by ‘A’ organization on behalf of ‘B’ organization, was serving with ‘A’ organization, salary was being paid from ‘B’s account and P.F. contribution was being deposited under the name of ‘AB’, whereas reference was against ‘A’ organization.
The Ld. P.O. is also refusing to allow withdrawal of suit with liberty to get a fresh reference from the appropriate government. Please advice what other remedy I have since it will not be possible for me to challenge his order in High Court due to financial constrains as I am unemployed since last 4 years. The ‘A’ organization had shunted me out without any reason or written order only because I had availed two days sick leave without prior permission (which was not possible since nobody knows when he will fall sick). My medical certificate was not accepted, neither my salary was paid nor any certificate has been issued to me. Awaiting valued advice from respected learned members.
