Award awaited
puneet
(Querist) 01 April 2014
This query is : Resolved
Hi Sir,
I filed the case in the Bangalore labour court. All the hearings are over.
The case is now left for awards for more than 3 months. The last hearing was in the month of December.
May I know how much time it generally takes?
I also got the information the Judge is getting retired this month(April).
Can anyone suggest what I can do to get my awards on time.
Regards
Devajyoti Barman
(Expert) 01 April 2014
Mention the judge through your lawyer or yourself to pass the judgement before his retirement.
Rajendra K Goyal
(Expert) 01 April 2014
There are possibilities the judge is passing time till his near retirement. Request the judge to pass the judgement.
T. Kalaiselvan, Advocate
(Expert) 01 April 2014
When you are physically present in the court for hearing, you can make representation for a speedy judgment quoting the retirement of the judge as reason lest the new judge may like to observe entire formalities once again due to which there will be some more inordinate delay, you can make a request yourself if your advocate is not present or he is reluctant to do so.
puneet
(Querist) 02 April 2014
Thanks all for your precious advice.
Can I request the judge for the appointment as he is busy most of the time on the schedule cases and I cannot make representation as I don't have the date.
If yes, what is the process. Do I need to give the application to the court.
T. Kalaiselvan, Advocate
(Expert) 03 April 2014
On any working day, you may visit the court with an application, make representation and present your application, let the judge do anything on it, but you should not feel that you have not made any attempt to attract the attention of the honorable judge to your issue.
puneet
(Querist) 04 April 2014
Thanks. Really nice. I will follow.
puneet
(Querist) 06 April 2014
Hi Sir,
I followed your advice and requested judge but he has now posted my case on 19/04/2014 for 2nd party arguments.
He told the 2nd party has requested for that.
Is this genuine that after three months he can change the status from awards to 2nd party arguments.
I hope I will get the justice from the new judge only but is their anyway I can escalate this to Chief Justice of High Court/Supreme Court?
Devajyoti Barman
(Expert) 06 April 2014
I smell something fishy as it is not right to change the status from award to hearing afresh.
You can raise this point on the scheduled date.
Kumar Doab
(Expert) 06 April 2014
Experts Mr. Kalaiselvan, Mr. Barman is right.
If arguments are over the presiding officer should deliver the decision.
Along with your lawyer examine the file and make an application for decision accordingly.
The Supreme Court of India has come down heavily and guidelines were issued.
If it is not possible to pronounce the judgment at once, it should be declared within thirty days from the day of conclusion of the hearing and in case some extreme situation arises then the provision is also there to extend this declaration of pronouncement till the sixtieth day from the conclusion of hearing. Thus judge have a discretionary power for the pronouncement of judgment for these sixty days but after that declaration becomes mandatory on the part of the judge.
The Labor Court is sub ordinate court to High Court.
High Courts have issued directions on Case Flow Management System.
You need to defend your interest.
