Idividual dispute
raghavendra
(Querist) 24 October 2011
This query is : Resolved
sir,
employees collectivley filed petition in labour court under section 10(4)(A) read with section 2A , i have filed the counter statement and stated to frame the preliminary issued regarding mantainability of the petition ,
court framed the preliminary issues and posted the case for hearing on preliminary issues ,
i prayed that i will lead the evidence on preliminary issue but court rejected my prayer,
now my request is i want to lead the evidence on preliminary issue i want some supporting judgement , which should says on preliminary issues also we can lead evidence ,
thanking you
adv. rajeev ( rajoo )
(Expert) 25 October 2011
instead of evidence you can produce the judgements at the time of hearing on preliminary issue. If court has no pecuniary and territorial jurisdiction based on the valuation then evidence is necessary.
raghavendra
(Querist) 25 October 2011
sir,
thats what i made a submission but court is not accepted my submission ,, if i give some citation that on that issue also i can lead evidence , than court accept this , please give me some citation.
prabhakar singh
(Expert) 25 October 2011
Check if the following is applicable to your case:
without pleadings it is always hard to provide case laws you are seeking for,however if it not found applicable will definitely help you in desired search.
THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 20.09.2010
IA No.12530/2000 in CS(OS) No.1823/2000
Sh. Anil Kumar Sanghi & Anr. ..... PLAINTIFFS
Vs
Sh. Hari Kishan Sanghi & Ors. ..... DEFENDANTS
Advocates who appeared in this case:
For the Plaintiff : Mr. Pravir K.Jain, Advocate
For the Defendant: Mr. Arvind Kumar & Ms. Neelam Rathore, Advocates for D-1&2.
Mr. Rajat Aneja, Advocate for D-5/Applicant.
Ms. Padma Priya, Advocate for D-7 / NHAI.
CORAM :-
HON'BLE MR JUSTICE RAJIV SHAKDHER
1. Whether the Reporters of local papers may
be allowed to see the judgment ? No
2. To be referred to Reporters or not ? Yes
3. Whether the judgment should be reported
in the Digest ? Yes
RAJIV SHAKDHER, J
IA No. 12530/2000 (O. 7 R. 11 and S. 151 of CPC by Deft. No. 5)
Sankaranarayanan
(Expert) 25 October 2011
Hope mr prabhakar singh given good citation for you , with that you try to go ahead.