Query regardind application under section 33 c(2)
skg
(Querist) 03 November 2011
This query is : Resolved
Dear experts,
In a labour case of illegal termination, cross examination stage of workman whose designation is an executive in
management grade is over as management has closed its workman evidence.
During the cross examination stage the management has not challenged any of his evidences (photcopy of documents) but
stated in court that since he has direct access to those documents which he has submitted his designation of an executive is
justified and he is not a workman.
Although the workman has stated that although he was in executive grade but he has done primarily clerical nature of duties
through out his 16 year of service and to give strength to his case and bring the real truth in front of court he has procured
these documents from his working old colleagues since the management in its written statement has denied many truthful
facts which workman has stated in his statement of claim.
Now my question to experts is that
1) since management have not challenged the evidences by closing workman evidence, can it be assumed that management
has accepted their genuinety and will not challenge the evidences later on by saying that original should be produced as they
are the one holding the originals.
2) there are certain evidences which highlight employee welfare schemes under which workman was entitled for some money
which he never got on his full and final amount received during start of court case after 1 year of his termination.Can he
now claim these amounts (for the period before termination) u/s 33C(2) on his own by applying on Form K3 in the same
court/judge on next hearing which will be submission of evidences by management or he has to file a new case with the help
of lawyer and pay him seperate fee for this case also although in his statement of claim he has mentioned that he has not
been paid his full dues that exist before termination under long term employee benefit schemes.
rgds
skg
mathivanan
(Expert) 04 November 2011
dispute pertaining to illegal termination and recovery of money under section 33(C)(2)of I.D.Act are two different cases. Though you have pleaded the non payment of money in the statement, recovery is entirely a different proceeding. So you have to file a new case for the same.
