Remand for the second time on same issue
anil verma (registeronlyfree)
(Querist) 10 May 2013
This query is : Resolved
Sir, one of my case relating to service matter has been re-remanded before Labour court to record a find on the issue decided earlier under the direction of Hon'ble High Court within 4 months. The time period has already expired on March 08, 2013 and the arguments on issue no-5 were concluded in last week of April and the award has been reserved for judgment. My apprehension is that the existing Presiding Officer, as I have come to know is finally getting retired in the coming month of June last and the Labour Court does not function in June month.
Prima-facie , the Presiding Officer is presently not interested in passing the order as he proceed on leave from 15 of May, 2013.
In my case only workman point as decided earlier has to be re- decided with findings and the rest of the award has been upheld by the Honorable Supreme Court too. My employer is notorious and would leave no stone untouched not to get the issue decided by this Presiding Officer and if it happens so the Labour Court after June, 2013 will become vacant and who so ever next comes whenever will certainly reopen the case and will then decide the matter afresh, thus depriving/leaving me without any monetary gain in terms of re-reinstatement or 17-B which has been denied in my case earlier.
If the Presiding Officer does not pass the order, what is the alternate remedy left with me to get my case decided before his retirement time?
If I file contempt application, will it serve any purpose? Or even then the High Court In summer is not functioning and the Presiding Officer get retired after 25 June, 2013?
Pl suggest me what to do and how to seek effective remedy so as to get the order passed whatsoever in nature whether in my favour or against as early as possible. More than 14 days have passed while order has been reserved.
Adv. Chandrasekhar
(Expert) 10 May 2013
contempt does not lie. 14 days is not a long gap to pass award in reserved case. the only remedy available to you is to move an application before the presiding officer explaining all your difficulties said above and if he will be kind enough, he will pass award. Otherwise, you have to wait for his succeeding judge and put arguments afresh before him for getting award. Referring to S. 17-B does not have any bearing at this stage as S.17-B attracts only when you get reinstatement and the management challenges that award in High Court.
Adv k . mahesh
(Expert) 10 May 2013
moving an application in the registry seeking to pass an award as per the order is reserved will benefit
anil verma (registeronlyfree)
(Querist) 13 May 2013
Sir
Management has already challenged this award in year 2010 and no relief was granted to me on stay, this is the second remand of the case on one particular issue and rest of the issues had been upheld in my favour by Hon'ble Supreme Court too.
I agree will the suggestion By Mr K.Mahesh.
anil verma (registeronlyfree)
(Querist) 13 May 2013
Sir
Management has already challenged this award in year 2010 and no relief was granted to me on stay, this is the second remand of the case on one particular issue and rest of the issues had been upheld in my favour by Hon'ble Supreme Court too.
I agree will the suggestion By Mr K.Mahesh.
anil verma (registeronlyfree)
(Querist) 13 May 2013
Sir
Management has already challenged this award in year 2010 and no relief was granted to me on stay, this is the second remand of the case on one particular issue and rest of the issues had been upheld in my favour by Hon'ble Supreme Court too.
I agree will the suggestion By Mr K.Mahesh
