Slp ( civil) cc labour matters- dismissal
anil verma (registeronlyfree)
(Querist) 26 April 2013
This query is : Resolved
SLP PENDING PROCEEDINGS IN LABOUR COURT UNDER SUMMARY TRIAL BY REMAND ORDER OF HON'BLE HIGH COURT.
In one of my case, the hon'ble High court has remanded one of several issues framed before labour court to be decided afresh upholding rest of the award.
against this remand the employer has filed clarification application before High court which also has been rejected.
the summary trial proceedings are still pending before the labour court and the issue remanded is yet to be decided, the employer has filed SLP before the hon'ble supreme court, facts of which are not known.
are employer justified in filing SLP during pendency of summary trial yet to be concluded.
the high has held 80 % award in my favour. pl suggest me what to do and how to counter the said act of the employer?
Nadeem Qureshi
(Expert) 27 April 2013
Dear Querist
the employer has right to file slp against high court order, you can get the certified copy after filling required fee.
you can take help of a lawyer in this regard
Raj Kumar Makkad
(Expert) 27 April 2013
Labour Court cannot initiate any proceeding pending SLP before Hon'ble Supreme Court of India so defend your interests in SLP.
anil verma (registeronlyfree)
(Querist) 27 April 2013
It is not the initiation of proceedings before labour court, Hon'ble high court has directed for the same at the behest of the employers pleading before the high court during remand demand by employer.
Raj Kumar Makkad
(Expert) 27 April 2013
Even if High Court has remanded certain issue to be decided afresh to the labour court but the matter has gone in SLP to SC then the right of the labour court extinguishes till the disposal of SLP.
