Whether appeal challenging an award passed by labour court be filed in indl tribunal or high court

skg (Querist) 08 August 2013 This query is : Resolved
Dear experts,

An illegally terminated workman seeking reinstatement with full backwages got an award in his favour but of only 18 month salary after a litigation of 5 years as compensation only despite all the issues were passed in his favour.

He wants to challenge that i.e. he needs reinstatement and full backwages by stating that learned judge was wrong in his judgment where he passed the judgement of compensation on only one ground i.e. "prolonged litigation of 5 year" whereas workman was not responsible for judicial process which usually takes minimum 4 to 5 years in labour cases.

The workman have also came to know from his old working colleagues that management is also in process of challenging the award.

My question to experts is

1) who can file the challenge first i.e. workman or management and

2) If workman file it secondly will he lose his claim of reinstatement with full backwages and

3)where to file i.e. whether in Industrial Tribunal first or directly in HIgh Court and

4) what is the time limit to file the challenge?

rgds
skg

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