Dismissal of reference
inderjeet
(Querist) 17 July 2017
This query is : Open
Case is on stage of workman evidence and affidavit tender and list of witness filed for summoning. On date respondents did not cross and submitted application for dismissal of reference on point of jurisdiction. Respondents although mentioned point of jurisdiction in their written statement earlier and rejoinder was filed that case is within jurisdiction. Now judge ordered for reply to be filed on respondents application. My query is that I am contesting my case at own due to financial constraints and have no other income source. Please advice me that when case was on workman evidence how can respondents filed such application at this stage and what can be done.
P. Venu
(Expert) 18 July 2017
Jurisdiction is the very foundation in any judicial or quasi-judicial proceedings. Furnish your reply expeditiously.
inderjeet
(Querist) 18 July 2017
Dear experts the respondents are just harassing and delaying my case on point of jurisdiction whereas when my case was heard before labour commissioner the respondent never argue about jurisdiction and now when my case is for evidence they started filing application for dismissal of case due to jurisdiction. Can I give reference of labour commissioner hearing.
Rajendra K Goyal
(Expert) 18 July 2017
Any application filed by contesting party has to be dealt as per procedure by the court.
inderjeet
(Querist) 18 July 2017
Let the case at any stage like this one
inderjeet
(Querist) 21 July 2017
When the case was heard before labour commissioner respondents did not took any objection regarding jurisdiction and now when the case reference forward to labour court and case at workman evidence respondent did not cross the workman and filed application for dismissal of reference on jurisdiction. Please suggest.
inderjeet
(Querist) 21 July 2017
When the case was heard before labour commissioner respondents did not took any objection regarding jurisdiction and now when the case reference forward to labour court and case at workman evidence respondent did not cross the workman and filed application for dismissal of reference on jurisdiction. Please suggest.
inderjeet
(Querist) 22 July 2017
Sir I came to know that labour court have no jurisdiction to dismiss reference when referred by government for adjucating. Same has to be decided after proper evidence.
R.K Nanda
(Expert) 28 July 2017
file reply to respondants application in court and get it dismissed by court.
inderjeet
(Querist) 12 August 2017
Replied was filled. After arguments heard by court no decision passed by court and next date given. Will court wouldn't take evidence and witness to decide on the application and pass the order on next date.
