Off-the-cuff reference of order & overreaching the court & faith in the system
V.N.K. MENON
(Querist) 30 April 2014
This query is : Resolved
History of the Case:
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In my case, a consented order was passed by the H/Court for payment of interim relief u/s 17-B of the Industrial Disputes Act which was about 3000 rupees less than factual last-drawn wages admitted in the conciliation proceedings by the company. The employer company opted to utilize my services and reinstated me after giving interim relief as stated.
In the said order there is not even a whisper about wages on reinstatement.
I had filed a case u/s 482 crpc against the Chairman of the Company in the H/C Court for abuse of the process of the court for making off-the-cuff reference of the order and overreaching the courts despite several communications to him in that regard.
The H/Court was pleased to send notice to the Opposite Party. In the subsequent hearing before another bench I was given the option in the words: “to withdraw this petition with liberty to avail appropriate legal remedies available to him in accordance with law”.
Trial Court:
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Accordingly a complaint was filed in the trial court u/s 200 crpc. List of witnesses was filed by me subsequently which included certain employees of the company who issued me letters making off-the-reference reference of the order under the instructions of the Chairman of the Company. The case was listed for 28th April for pre-summoning evidence. On this day, the case was adjourned to July 2014 without any order for summoning witnesses. Therefore, I am not able to submit application to summon witness and deposit diet money. [it is pertinent to keep in mind the tainted course and conduct including graft cases against the money-powered employer].
If some of the employees retire by that time, whether it will affect the case. In that event will I be able to summon the said witnesses. What course of action is open to me.
Shall appreciate the considered opinion/ guidance of experts.
ajay sethi
(Expert) 01 May 2014
since the company has reinstated you and paid you interim relief as per court orders you should not have filed fresh case based on off the cuff remark by chairman .
anyhow it is your call .
if some employees retire it wont affect your case . they can be summoned to give evidence
V.N.K. MENON
(Querist) 01 May 2014
I left out a point inadvertently that the wages given on reinstatement was less by Rs. 3000/-. Despite several communications, the employer continued to give wages less than last drawn wages on reinstatement by making off-the cuff reference of the said consented order.By this act, I am at a loss of 36,000/- per year.
