Evaluation of order of one judge by another
anil verma (registeronlyfree)
(Querist) 13 October 2012
This query is : Resolved
Sir
Under article 226, can a Judge of high court evaluate the order of his coordinate bench on the issue decided earlier while interfering in the findings of award of the labour court.
ajay sethi
(Expert) 14 October 2012
academic query .
R.K Nanda
(Expert) 14 October 2012
no, it cannot do it.
Guest
(Expert) 14 October 2012
If personal, why the real problem has not been stated by clearly giving detail of the case, the reason quoted by the judge for evaluation, etc. It becomes academic, if no gist of the real problem is stated.
anil verma (registeronlyfree)
(Querist) 14 October 2012
sir,
as queried earlier, one of my award of labour court after deciding preliminary issue of workman was remanded back by the high court to be decided by lower court on merits.
after the award is passed on merits,unilateral stay was granted without reinstatement ans 17- B compliance.
now in final hearing after exchange of counter rejoinder the high court judge is again interfereing in the findings of the lower court again remanding the case to labour court to decide afresh on the same matter. the finding of workman in my case earlier was passed by different judge and now finding disturbing is done by different judge on the same findings.
is it legal.
the details of the case is this.
the second remand after 18 years on the same is is disturbing. this is the result of allergy to see-hear evidence provided since the workman ruling is reported in FLR which at all has not been adverted by the judge.
pl extend advise in finality what is to be done.
i am a poor employee and i cant afford to go to supreme court all alone.
Sivadas Chettur
(Expert) 14 October 2012
The jurisdiction of the court under art 226 is limited and may review the process that led to the decision of the lower authorities. The court would interfere only when there is a palpable injustice or gross violation of natural justice or the decision is totally arbitrary etc.
Ms.Nirmala P.Rao
(Expert) 14 October 2012
Dear Client,
The decision of a smaller Bench consisting of two or more judges be referred to a LARGER BENCH CONSISTING OF 3 OR MORE JUDGES IN BOTH High COURT AND supremo courts. SO THE LARGER bench JUDGES CONFIRM OR REVERSE THE FI9NDING OF A SINGLE JUDGE OR DIVISION BENCH OR A BENCH OF 3 JUDGES on important and compli8cated constitutional issues..
That is the procedure followed in High courts. and THE
Supreme COURT. There is no impropriety or professional misconduct in this.
Ms.Nirmala P.Rao
Legal Expert
anil verma (registeronlyfree)
(Querist) 15 October 2012
thank you sir,
but my submission is a bit different.
One judge of high court declares me a workman after evidence recorded and remit the matter to the labour court to decide the issue on merits which was not done earlier after preliminary issue.
now after full opportunity the case has been decided on merits and all the interlocutory applications during the pend ency of labour court proceedings had been also dismissed by high court .
I am fail to understand how another single bench judge can reverse the finding of one single judge bench in the matter of same issue ans same writ.
don't you think it is patently illegal.?
very serius issue.
anil verma (registeronlyfree)
(Querist) 15 October 2012
thank you sir,
but my submission is a bit different.
One judge of high court declares me a workman after evidence recorded and remit the matter to the labour court to decide the issue on merits which was not done earlier after preliminary issue.
now after full opportunity the case has been decided on merits and all the interlocutory applications during the pend ency of labour court proceedings had been also dismissed by high court .
I am fail to understand how another single bench judge can reverse the finding of one single judge bench in the matter of same issue ans same writ.
don't you think it is patently illegal.?
very serius issue.
Guest
(Expert) 15 October 2012
Mr. Anil Verma,
Partial facts and academic queries can only lead you to nowhere and can confuse you more rather solve your problem, as you cannot expect problem based specific opinion of the experts through their generic replies to your generic questions. You avoided to provide necessary information even on asking by me earlier, as I asked you to provide "the reason quoted by the judge for evaluation."
You are talking merely about the judge, the HC, the Labour Court, but not the basis and background of your case with your real problem, your position with the company, the reason quoted by the judge to declare you as a workman, the reason quoted by another HC judge to dismiss the case. You have also not stated, what actually was the judgment of the earlier judge of HC and whether the other judge gave specific reference to the decision of the previous judge to set aside his decision on the issue.
What I assume is that your case seems to pertain to labour and services law problem, but you are vainly trying to give that a colour of constitutional law, when you have not stated what type of constitutional problem was discussed in your original case with the HC or the Labour Court.
You are just shooting in the air without discussing the reality and specific problem of the case and try to seek opinion of experts on your self-created issue, as if by virtue of such opinions you would justify your case to reverse the decision of the judge.
Further, you cannot decide yourself about the merits of the case. If some wrong has been committed at some level the same can be rectified or ordered to be rectified by the order of the competent court.
You should also know that if the case has been remitted to the Labour Court/ lower court, any decision in that case would only be considered to be of the lower court, having no concern to the previously filed case with the HC until points raised by the HC are discussed threadbare and decided on merits by the Labour Court.
anil verma (registeronlyfree)
(Querist) 15 October 2012
sir,
the case is decided on merits after framing issues and leading evidences etc by the labour court.
.
Sivadas Chettur
(Expert) 15 October 2012
Only when facts are clearly stated an effective reply can be filed. How the matter was decided twice by two judges is not clarified. Is it a case of writ appeal?In writ appeal the matter may be decided by two judges and in important matters the chief justice can constitute a full bench.
anil verma (registeronlyfree)
(Querist) 15 October 2012
sir,
the matter is related with service of industrial disputes act,1947.
on first ocassion the reference was unanswered by labour court without touching merits on preleimnary issue,
secondly the preliminary issue was challenged and decided with remittal to labour court on merits of the case.
now after leading evidences the labour cour gave award in my favour which was challenge by company before high court.
now without reinstatement ,17-B compliance the entire award was stayed for 3 years.
now after 3 years again the high is interfering in the same preliminary issue decided earlier by the high court and is remanding the case again to the labour court.
is it justified.
the matter is related with single bench only
Guest
(Expert) 15 October 2012
You have still avoided to discuss basics of the case and not mentioned what was your position in the company when discharged. You are time and again been pointing out towards merits of the case, but not discussing what were such merits, from which the HC reverted back latter and with what reason.
In fact, you are uselessly stretching the thread without discussing the basics of the case, probably with the hope that some of the experts would provide you a reply that may suit your own concept and taste.
Even if you get some reply to your taste that may not help you to prove your stand in the case in the court, as that would merely be based on your partial facts and wrong notions.
anil verma (registeronlyfree)
(Querist) 12 December 2012
sir,
on limited ground of one of the 3 issues framed before the labour court the high court has remanded bact the case to decide afresh within 4 months . now the employer has moved an application before the labourt court as they have lost confidence in the present presiding officer and hence the same case should not be heard and transfred to some other city.
i want to know sir that choice of court is permissble under I.D act?
is the act of employer justified without providing any proof of allegation.
how to handle this issue.
pl suggest with some citaion if possibble.
i will be highly oblige.
this is the court who has passed the awrard against the employer with limitation of reamd on one particular issue.
Time is very less sir.
Raj Kumar Makkad
(Expert) 12 December 2012
It depends upon High Court to accept such application or reject it and generally such withdrawal of matter is not done and the case goes on with the same officer.
anil verma (registeronlyfree)
(Querist) 12 December 2012
sir
the matter is related with labour court and not high court as replied by you.
it is the presiding officer of labourt court from whom the employer wants to withdraw the case outside other city on mere allegation of being biased.
Raj Kumar Makkad
(Expert) 12 December 2012
Labour Court may refrain to take care of such application and may also send the same to high court to decide. The applicant has got not absolute powers to dictate the court.
anil verma (registeronlyfree)
(Querist) 13 December 2012
sir i had come to know that instead of sending that application for the high court to decide, the same has been sent to the appropriate government i.e labour commissioner to decide.
Is it right? then what is the effective remedy left with me to get my case heard and decided within 3 months as the presiding officer is getting retired after 2 months.
pl suggest me.
Raj Kumar Makkad
(Expert) 13 December 2012
Presiding officer can decline to entertain such application and thus can decide your matter within the left period of his retirement but in case he fails to do so even then you should not worry as law is in succession.
