Writ petition

Querist : Anonymous (Querist) 27 December 2011 This query is : Resolved
Sir,
I would like to seek your guidance in my case.
I am a Chartered Accountant in practice for a considerable period of time.
In the year 1991 one of my employees left the firm on his own. Subsequently he filed a petition in labour court that he has been dismissed wrongfully and got an exparte award for reinstatement and back wages.
The award was made treating the firm as a trading firm viz" As the name of the suggests it can be presumed that the firm is a Trading Firm"
I with the advise of a counsel filed a Writ Petition in the High Court.
The High Court on the petition of the employee before proceeding with the Writ petition passed order u/s 17B of Industrial Dispute Act to pay the back wages and also the current wages regularly till the disposal of Writ Petition.
Our pleas that to a professional firm employing less than 10 persons Industrial Dispute Act does not apply and also since the award has been passed treating the firm as a trading firm, the award is a nullity as it is without jurisdiction were not adhered to.( Of course this plea was not taken up by my counsel in the writ petition. He had of course mentioned in the writ the the petitioner is a Chartered Accountant.)
Being frustrated I withdrew the Writ Petition in the year 2009.
Again I am being herrerased by the labour Authorities.
Kindly advise me what steps I should take.
Can I file Writ Petition again taking the plea that it is a "Nullity Order on account of without Jurisdiction"
Kindly Advise.

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Nadeem Qureshi (Expert) 27 December 2011
Dear Querist
howmany employee are in your office & what type of work in your office?
as you informed that 10 employee is the mendatory requirment for applying ID Act in any Industry, it is right. the act does not apply upon you if you have not more then 9 employee.
feel free to call

Devajyoti Barman (Expert) 27 December 2011
The problem is you have withdrawn your last wrot petition. Though your case does have merit , in the context of withdrawal of your lase writ petition the order of the labour court has become final.

You now need a very strong proof for second writ petition.

Querist : Anonymous (Querist) 27 December 2011
Sir,
I had only 3 employees working at my office.
I never employed more than 5 employees in all my career.
Now my query is whether the Writ Petition that was withdrawn without taking the plea that the order has been passed by assuming the firm as a trading firm and taking the jurisdiction to pass the order and as such it is a nullity being without jurisdiction.
Whether the fresh and sound pleadings of Nullity and without jurisdiction will not suffice to file a fresh Writ Petition.
I would like to mention here that the Writ Petition was withdrawn on the plea that the grounds on which the appeal was filed are not suffice.
Kindly guide.

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