MAINTAINABILITY OF WRIT
KamalNayanSaxena
(Querist) 05 October 2008
This query is : Resolved
What is the scope of writ petition against nongovernment organisation,in the case of dismissal of a workman. Natural justice has been denied to him.
Please post the latest case law
Kiran Kumar
(Expert) 05 October 2008
pls mention the complete set of facts.
for non governmental organisation Labour Courts are already established special forum.
it must be mentioned that Labour Courts also adhere to the principle of Natural Justice.
anantha krishna n.v. Advocate
(Expert) 05 October 2008
Unless one of the Respondents is a State within the meaning of Article 12 Constitution of India, you may not maintain writ petition. You have other fora for NGO's and private parties.
H. S. Thukral
(Expert) 05 October 2008
Writ petition is not maintainable. First a non-government orgn. is not amenable to writ under Art 226 and secondly the employee has an effacious remedy under ID Act.
KamalNayanSaxena
(Querist) 06 October 2008
Thanks a lot to all learned friends.
It is true that under ID Act efficacious remedy is available, but it is not prompt. Process under the said Act i.e. concilliation-reference-trial etc. is time consuming and some time defeats the very purpose of the enactment. Specially where the employer has adjusted all the service benefits against dues on employee. Moreover the state govt. are also not very serious in appointing judges in labour courts. Most of the times it happens that LCs are not being precided over even for a year.
Anyway I prefer declaratory suit invoking jurisdiction of civil court in the light of Krishnakant, premier automobile, recently in Mohar Singh cases on experimental basis.
I solicit your valuable, frank and critical views.
H. S. Thukral
(Expert) 06 October 2008
If you are seeking a consequnetial relief/compensation on declaration by a civil court that termination is illegalthen you can file a civil suit. If you are seeking a reinstatement in service You have to approach Labour Court. In many states there is provision of approaching Labour Court directly in cases of an ID under section 2-A of the ID Act. Check up if the same is available to you. As per ID Act there is a time frame under which an individual dispute has to be adjudicated by the Industrial Court. Make an application to the appropriate government to fix time for adjudication and follow it up with an application under RTI Act to know the status and if necessary a writ petition agasint the Government.
In India we compromise so many things becasue justice is delayed. Most of the employers have been sucessful in reducing the workforce by illegal termination of services and therafter on request of the starving workman settle the dispute on payment of some amount.
