REVIEW OR SET ASIDE IN SECTION 26 OF J.S.E.ACT
Querist :
Anonymous
(Querist) 01 March 2011
This query is : Resolved
Dear Sir
Is there is any provisions of review or set aside in the case of section 26 of shops and estiblishment act after the order hasbeen passed by the judge in the case of Jharkhand Shops & establishment Act in Jharkhand.
Kirti Kar Tripathi
(Expert) 01 March 2011
can you code the said section 26 of Jharkhand Shop ans Commercial Act.
Querist :
Anonymous
(Querist) 01 March 2011
Is there is any provisions of review or set aside in the case of section 26 (2) of shops and estiblishment act after the order hasbeen passed by the judge in the case of Jharkhand Shops & establishment Act in Jharkhand.
Regarding termination of employee by the company.
Kirti Kar Tripathi
(Expert) 01 March 2011
If the case is of termination of an employee, the same must have been decided by the labour court and in that event, provisions of Industrial Disputes Act or State Industrial Disputes Act will apply In case, it is Ex-parte award, recall application can be filed under those provisions. If is on merit, review application will not be maintainable on merit as review ap[plication is maintainable only for correction clerical or arthmatical mistake.
Guest
(Expert) 05 March 2011
Provision of review/revision/appeals in higher courts are always there in any case for the aggrieved party. But, if in any case it is written in the Act, itself, that no appeals lie against he judgment of a court that is a different case.
So, better consult some local advocate, who may be specialist in service matters.
