Suspension

Adv. karinamishra (Querist) 15 August 2012 This query is : Resolved
suspension of security officer in Govt Public sector undertaking( Maharashtra govt) In which court will it be challenged?

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R.K Nanda (Expert) 15 August 2012
Labour court.

Adv. karinamishra (Querist) 15 August 2012
sir' company has filed Caveat in Labour Court as well as Industrial court againt that security officer.It is mentioned in the caveat that Caveatee( security officer) is not a workman u/sec 2(s) of Industrial Disputes Act' 1947 and therefore not an employee under sec (3)5 of MRTU and PULP Act and therefore he cant take recourse to provisions of MRTU and PULP 1971 Act. what will be remedy available to that security officer?

prabhakar singh (Expert) 15 August 2012
As caveat is lodged by the Co., no interim order shall be passed without hearing to Co.

Guest (Expert) 15 August 2012
Neither Labour Court, nor Industrial Court. The Security Officer can file case in the High Court, if the PSU has not been put under the jurisdiction of the Maharashtra Administrative Tribunal.

Adv. karinamishra (Querist) 15 August 2012
sir, give me more explanation with relevent provisions

prabhakar singh (Expert) 15 August 2012
What Mr. Dhingra has conveyed you is that the
suspended Security Officer has right to move to High Court against his suspension and caveat lodged by you before in Labour Court as well as Industrial court may turn of no use.And he also says that there is also Maharashtra Administrative Tribunal for which you should check if the PSU comes in its jurisdiction.

In ultimate result finally you need to file caveats also before the Maharashtra Administrative Tribunal and the High Court.

Adv. karinamishra (Querist) 15 August 2012
sir, there is some misunderstanding. My client is security officer and not company.

Guest (Expert) 15 August 2012
HC or MAT, as the case may be, would be the appropriate forum for your client.

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