Interim relief u/s 17-b of i.d. act - lpa
V.N.K. MENON
(Querist) 28 October 2013
This query is : Resolved
BRIEFLY: An employer challenged the Award of Labour Court by way of WPC say in 2006. W/man filed 17-B (ID Act) application for interim relief. S/Bench rejected his claim.
LPA was filed. Div. Bench passed interim relief by way of consented order in January 2009 and employer agreed to reinstate the w/man.
The interim order does not contain any whisper about retirement and also in the absence of a clause of retirement in the service rules/appointment letter and also accordingly to practice with respect to other employees of same categories (working/ worked beyond 60 years), and without seeking permission from the authorities for effecting retirement – the w/man was given retirement by said employer at 60 years.
The WPC is on board single bench and has not reached finality.
The w/man again requested for interim relief u/s 17-B during the pendency of WPC as per the will of legislature. Not only the relief was rejected but also the matter was put for hearing when its turn comes.
In the circumstances, w/workman filed a Petition for early expeditious hearing on ground: (1) being senior citizen of > 61 years (weaker group as defined by the court) (2) for having rejected interim relief as stated above and also for the fact that w/man has no livelihood and depending upon others for survival.
Unfortunately, the matter came up before the same judge ( as stated in para-5 above) who had rejected the 17-B application as stated in para-2 above. In the context w/man wants to file LPA. (Hope I am able to deliver the good in the narration).
QUERY: (1) WHAT ARE THE ANNEXURES REQUIRED TO BE FILED WITH THE LPA? MEANING WPC BEING MASSIVE WHETHER COPY OF W/P IS ESSENTIAL, AND ALSO WHETHER COPY OF COUNTER FILED ARE TO BE GIVEN TAKING INTO ACCOUNT THE FACT THAT THE MATTER IS FOR EXPEDITIOUS EARLY HEARING.
(2) WHETHER DATES & EVENTS/SYNOPIS IS necessarily TO BE ANNEXED?
(3) ANY OTHER MATTER TO BE TAKEN CARE OF IN THE COLLECTIVE WISDOM OF EXPERTS/ COLLEAGUES.
Thanks & regards.
Devajyoti Barman
(Expert) 28 October 2013
You did not mention how long the writ petition is pending in high court.
The courts are already saddled with large backlog and it is not possible every time of expedite senior citizen's case.
Have patience.
V.N.K. MENON
(Querist) 28 October 2013
Dear Mr. Barman,
1) the writ petition is pending since November 2006.
2) in the circumstances of rejection of interim relief u/s 17-B of I.D. Act contrary to the will of legislation to mitigate the difficulties of w/man during pendency of writ petition in higher courts, can't it be a ground apart from being senior citizen, i.e. weaker group as defined by Delhi High Court, for expeditious early hearing.
Thanks.
