Refiling u/s 200 - in the situation
V.N.K. MENON
(Querist) 07 October 2013
This query is : Resolved
I am creating a new string as the last connected matter seems resolved.
Question Details - BACKGROUND: Petition filed by workman invoking Sec.482 crpc,[ i.e. inherent power of High Court] and Complaint is under sec 463/ 464/420/477A etc for making false document by employer.
The complaint has been necessitated, as on reinstatement the employer did not pay last-drawn wages instead made off-the-cuff reference of consented order for payment of interim relief u/s 17-B as wages on reinstatement. Rate of wages for the purposes of Sec.17-B interim relief is less than factual last-drawn wages. There is no whisper of wages on reinstatement in the said consented order.
There are several judgments to the effect that there is no co-relation between 17-B wages and wages on reinstatement. [brief ref. Delhi Highcourt Judgment: WPC 6647/2003 DTC vs. Presiding Officer and also Anil Engg vs. Secy,. Labour DOJ:29.04.2010]. To his discredit, the employer is a chronic law-breaker which was highlighted therein. Thus employer overreached the court in the garb of 17-B relief of I.D. Act. Employer wanted to take work from workman and reinstated him, but giving him wages less than his last-drawn wages, of course by making off-the-cuff reference of the order under 17-B by misleading and falsification of account (u/s 477A) as well. Despite several request for payment of righteous wages, the employer remained adamant.
As a matter of fact Reply to Complaint was filed by the employer. Employee filed rejoinder thereafter. But when new presiding judge came, the workman was advised to withdraw his petition by GIVING LIBERTY TO REFILE since Senior counsel representing employer raised jurisdictional objection.
Accordingly complaint was filed in trial court u/s 200 CrPC raising the same above said issues. Thanks to Respected Mr. Makkad
Firstly, the complaint is based purely on documentary evidence. Magistrate asked to provide list of witnesses on the next date.
QUERY: In such a situation, how should I proceed/ tackle the matter further. {only possible witness is Asst. Labour commissioner, Govt. of NCT Delhi, under whom conciliation proceedings were held I n addition to complainant himself}.
VALUABLE GUIDANCE OF EXPERTS/ COLLEAGUES IS SOLICITED, PLEASE.
Thanks and regards,
Raj Kumar Makkad
(Expert) 08 October 2013
You need to summon the relevant record in the criminal court for the purpose of leading evidence in the complaint filed you. It shall be better to get help of a lawyer in this respect.
R.K Nanda
(Expert) 08 October 2013
consult lawyer personally.
V.N.K. MENON
(Querist) 09 October 2013
Mr. Makkad & team of experts ,
Firstly I cannot afford an advocate. The Opposite Party is a known chronic law beaker and the case is not to avenge injury caused to the victim, but, if his illegal acts are swallowed, it will have pernicious effects on the society and other people.
Today I could hand a copy of order which is appended below for transparency. For any comments/ guidance.
V.K.N. Menon vs. DirectorÂcumÂChairman, Malana Power Co. Ltd.
PS : NFC
03.10.2013
Fresh complaint u/s 200 Cr.P.C. is received by way of assignment. It
be checked and registered.
Present: Complainant in person.
Complainant submits that he wants to pursue his case himself.
Heard. Record perused.
Put up for preÂsummoning evidence on 06.12.2013.
(PRITAM SINGH)
ACMM/SE DISTRICT
SAKET COURT/NEW DELHI
03.10.2013
Raj Kumar Makkad
(Expert) 09 October 2013
It shall be better if you avail the services of Free Legal aid by moving a simple application before the Presiding Officer of the court as you know after all law man is over and above a layman in his approach towards the legal battle.
Rajendra K Goyal
(Expert) 10 October 2013
Agree with expert raj kumar makkad ji.
