Can 340 cr.p.c. appln be rejected by labour court ?
S.K.SARRAF (ADVOCATE)
(Querist) 29 January 2014
This query is : Resolved
FACTS :
Employee was issued - Charge Sheet, then Suspension order, Charge Sheet, Domestic Enquiry, followed by Dismissal Order.
All these were challeneged in ULP (unfair Labour Practice) Complaint.
During proceedings, Respondent-Company submitted an edited/fabricated email of employee (by deleting the vital content of email). Appln u/s.340 Cr.P.C. filed by employee for fabrication of email in judicial proceedings on oath. During hearing judge after seeing the Original copy from Complainant-Employee, passed Order rejecting the application on the following issues :
1. It has a limited jurisdiction under sec. 6,7, and 30 of MRTU & PULP ACT.
2. The Original is not marked as exhibit, as only copy was submitted in court along with 340 apln.
3. The fabricating email was submitted by a witness of the company-respondent.
4. this issue does not relate to the root of the matter.
5. Not a fit case to exercise power under sec 340 Cr.P.C.
Question :
What is the remedy in law ?
Approach the Industrial Court above in review or appeal ?
Whether can move High Court directly ?
Any other provision - after 100 days of passing of order ?
Devajyoti Barman
(Expert) 29 January 2014
You have to prefer appeal in the appellate tribunal of labour court. High Court is not the proper forum.
You have file petition u/s 5 of the Limitation Act as time limit has expired.
Guest
(Expert) 29 January 2014
Exhaust labour court channels first.
Rajeev Kumar
(Expert) 29 January 2014
Agree with experts notion.
Advocate. Arunagiri
(Expert) 29 January 2014
appeal against the dismissal of 340 cr.p.c. lies to the superior court, u/s 341 cr.p.c.
In case of delay in appeal, condone delay petition can be filed.
T. Kalaiselvan, Advocate
(Expert) 01 February 2014
You have to prefer an appeal before the appellate court of labor tribunal along with a petition u/s 5of limitation act to condone the delay in preferring the appeal.
S.K.SARRAF (ADVOCATE)
(Querist) 06 February 2014
Thank you Experts...I have moved on with Revision- before Industrial Court, in terms of MRTU & PULP Act,1971 (in Marashtra..) u/s.44, along with an apln for condonation of delay.
Also discovered 2 more instances of Contempt...
