skupesh 16 February 2023

How to seek revision of written statement in labour case?

I am a workman in a case before labour court. Management has filed statement of objection stating that I had a habit of repeatedly filing complaints against my manager, coworkers which were found false upon investigation.

How can I ask for this statement of objection to be revised with proper details of when the complaints were filed, the reference no. of investigation report , any witnesses etc?

i was advised that order 8 rule 2 may be applicable where it states opposition cannot be surprised and so sufficient details must be provided in any statement. Is that the correct approach?

any advice will be greatly appreciated. P.S: for various reasons we do not want to handle it in evidence and want to have it explicitly stated in statement so that we can refute each point in rejoinder.

But we need to know how to ask for such a revision of the statement of objection filed by Management

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3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 16 February 2023

All the technicalities of the Evidence Act are not strictly applicable to Labour Courts and Tribunals, except in so far as Section 11 of the Industrial Disputes Act 1947 and the rules therein are permitted.

Real Soul.... (LEGAL) 17 February 2023

You just file replica and deny all the allegations, besides that give the correct details with documentary proof whatever available with you; you can also notify the management for defaming you and give notive to them for filing of defamation suit.

skupesh 25 February 2023

Even to deny allegations we need more detaiils. For example managment has said "applicant kept continuosualy raising greivances that on investigation were fond to be trivial"

We would want management to provide greivance no, report reference no and so on. Then we can deny the same. Also, if say management provides 3 such instances which are false it will greatly enhance our case and thats why we want them to provide that information.

How can we ask management to provide those details? Is CPC order 8 rule 2 relevant? Is there any other provision in ID act? They cant be allowed to simply make allegations without dates and ddocumentary references.