Reversal of own order of workman to nullify award holdiing 5 other medical represntatives as workm
anil verma (registeronlyfree)
(Querist) 09 June 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.
The subject matter for remand before the Tribunal is whether the medical representatives are workman under section 2(s) read with section 6 (2) of the sales promotion employees conditions of services act, 1976.
As stated above my employer is notorious and leave no stone untouch to reverse the order after rejection of clarification application before the High Court followed by rejrction of SLP before the Hon’ble Supreme court during trial of remand issue.
My apprehension is can the presiding officer go beyond the term of remand order reversion his own judgement by not holding me as workman as held earlier though the same presiding officer during course of period has held 5 other medical representatives as workman and has given full relief?
If this happens so and reversal of order in any terms takes place what action I can take against the Presiding officer and where. He gets finally retired on 30 june.
One interesting issue is that the presiding officer had been abroad with his family during this period by taking leave and such type of foreign tours are the common tactics of pharma industry to lure doctors.
If reversal takes place I shall stand on the same place where I was standing in year 1996.
Apart from writ before hon’ble high court what other action I can take against the presiding officer. The amount of award stands about 1 crore as upheld by Hon’ble supreme court.
Raj Kumar Makkad
(Expert) 10 June 2013
If this is true about the current Presiding Officer, it is not good for you to get the matter decided from him. let new one come in his place after his retirement. Otherwise also a judge on retirement cannot be believed in which way he may decide the matter. There is no other remedy but to get the matter decided from the same Court.
anil verma (registeronlyfree)
(Querist) 10 June 2013
sir
if decides the matter against me, then what is the alternate remedy left with be to counter the same. can i take any action against him on reversal of order?
it is the question of my entire carrier in this case.
R.K Nanda
(Expert) 10 June 2013
query too long.
Raj Kumar Makkad
(Expert) 15 June 2013
You need to file an appeal against the impugned order in that event.
