Remand
anil verma (registeronlyfree)
(Querist) 04 November 2012
This query is : Resolved
in one of my case finding of high court judge on priliminary issue 5 years back has been redirected to labour court to give finding one the same preliminary issue again.
the said preliminary issue has attained finality.
Is the action of this high court judge is legal?what is the effective remedy.
Pl let me know.
Devajyoti Barman
(Expert) 05 November 2012
What is the order?
What is the case history?
Without knowing all details it is difficult to reply.
Raj Kumar Makkad
(Expert) 05 November 2012
High Court has wide powers and it can at any stage remand the case back for the lower court to decide any particular issue as has been done in your case. The order over the preliminary issue pending appeal can never become final. Appeal is in continuation of the lower court so the order is totally legal and if you still want to go against it then better to file SLP before SC.
JANAK RAJ VATSA
(Expert) 06 November 2012
it's an abstract query. provide facts of the case
