Change of time
Ganesh
(Querist) 04 August 2009
This query is : Resolved
In an organisation there is a post of Clerk, some clerks are appointed before 1996 and some after 1996. Clerks appointed before 1996 have 7 hours duty and clerks appointed after 1996 were asked to render duty of 8 hours. Both are in the same pay scale and perform the same work and are at same level. Only the new recruits after 1996 were informed the change by putting the condition in the appointment letter. There are 2 recognised unions in the organisation. One union has filed a Writ Petition in 1998 against this discrepancy.
Now the situation is that the union is not intrested in persuing the matter further and there is no Result from the High Court, Almost 12 years have passed.
What is the remedy available to the employees?
Can individual employees who are not members of any Union file WP for violation of their rights without the help of the Unions.
Will it attract Res Subjudice.
Any other suggestion?
Advocate SK Rohilla New Delhi
(Expert) 04 August 2009
Dear Ganesh
Any employee who is aggrieved by the violation of his fundamendal right can file Writ petition in his own name and there is such no pre-requisite qualification of Union Member is necessary for filing WP.
In my opinion you must first seek the remeady available under Labour Law and then approach the High Court when other vailable remeady is exhausted.
ALL THE BEST. GO AHEAD
Kiran Kumar
(Expert) 04 August 2009
Mr. Rohilla is right.
take ur remedy first under Labour laws, can make a complaint with the labour inspector of the area.
as far as writ is concerned u can file a petition which if notice issued can be attached with the earlier writ pending...but that writ i think has already been filed on ur behalf, so why u need file a separate one.
Guest
(Expert) 05 August 2009
First of all find out the real reason for such a long delay in High Court. Whether Rule has been issued and then the matter comes according to chronoloigical order and it would take years together. the remedy is to move an application for urgent hearing and if the court is convinced there is urgency, they will hear the matter.
A workman, who is not a part to the above writ petition can file a fresh writ petition and once pleadings are completed, a request may be made to tage the matter with pending writs and hear at an early date.
Approaching the labour court is not a proper remedy. First, in these matters only through union espousal only you can raise the matter. Second, if the writ is pending in High Court, the labour department willnot refer the matter on the same subject.
