226 in h. c. or civil suit

harendrasinh (Querist) 06 September 2017 This query is : Resolved
I filed the case Under S -33C (2) Recovery.
I was Dy. G.M. ( P & A), one month salary were due including Bonus, Lta, which is the part of Salary.
Labour Court vadodara has given the Ex-patre Judgement in favour of me,Stating that oponent shouls pay the dues. only once written statement submitted by opponent, stating that this court has no jurisdiction and applicant is not coming under definition of worker.

2. After Verdict Co. filed re-opening of case under Sec- 26(A). Co. Lawyer has Submitted H.C.& SC Judgements stating that Labour Court has no power to decide Bonus and when applicant status of worker is a dispute. Guj HC 2005 LLR-87,Guj St. Vs Devji
bhai tapubhai. SC{C.A. No.6550/99 dt.14 Nov 2000, SBI Vs Ramchandra Dubey & Others.
3. besides under S-10(1)of 1947, Applicant has to prooved his Pre-Existing right.

4. Has labour court given the right Judgements, first in favour of me and later
in favour of Opponent.

5. Opponent submitted the reply in first hearing but later not represented by Lawyer or self.if labour court has no power than why took the case in his court being a judge,wasting of time.

6. Now should i file a Suit in Civil District or Highcourt under Article 226 and under which Act & section, pl guide
Me.
7. I am Ex- Serviceman and Advocate too, but has no practice as served in Co’s, hence you are requested to guide in fraternity.

Harendrasinh.

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