anil verma (registeronlyfree)
(Querist) 02 October 2012
This query is : Resolved
can an high court remand the reference for the second time to the labour court on the same issue after 18 years on which the first remand was made while admitting the writ petition earlier.? can an high grant stay on the award which has attained finality without compliance of 17-B, without reinstatement and with asking to deposit huge amount of award . what are its legal implication and remedy.
ajay sethi
(Expert) 02 October 2012
high court can remand the matter . if you are aggrieved by order go in appeal tot he supreme court
prabhakar singh
(Expert) 02 October 2012
Remand can be ordered but the order can be challenged by aggrieved party in S.C.court .
R.K Nanda
(Expert) 02 October 2012
yes, HC can remand it.
Guest
(Expert) 03 October 2012
If justice has been misdirected the case can be remanded any time by the HC.
Kirti Kar Tripathi
(Expert) 04 October 2012
It appears that while disposing the petition, the High Court was not aware with the fact that the matter was remanded earlier on the same issue. This is because of the fact either the petitioner concealed this fact or misrepresentation was done. I do not know, whether you were represented or not in the WP. If you represented, why you do not raised this objection. In case, you was not represented, you can file review petition bringing this fact in the knowledge of the Court otherwise, you have a right to challenge the same in SC
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