When no stay order
P.ESAKKIMUTHU
(Querist) 25 October 2013
This query is : Resolved
The High Court,Madras ordered for reinstatement with backwages and continuity of service.Based on this decision a claim petition u/s 33 C 2 of ID Act is filed before the Labour Court for realising backwages.In the mean time the Management went in appeal before the Bench against the order of single judge.The Bench did not give any stay to the order of single judge. I argue before the Labour Court that as there is no stay order by the Bench, the Claim Petition must be proceeded with enquiry and then finally for orders. The judge of Labour Court said that in as much as the subject matter is seized by High Court, I can not proceed further even if there is no stay.Kindly spell the legal position in this matter.SC or HC decisions will be useful to produce before the Labour Court that as there is no stay, proceedings can be continued till final orders.
Ms.Nirmala P.Rao
(Expert) 25 October 2013
Dear Client,
To my knowledge, the Labor court Judge was right in his opinion. High court Division bench appeal proceedings are continuation of the Single Judge bench proceedings, whether there is a stay order or not. Until- these proceedings come to an end- you can't proceed further or take benefit of the Single Judge decision. Now, the matter is "subjudice" before High Court Division Bench. If you wish to thank me for this reply please click the thank you button on my profile.
Ms.Nirmala P.Rao
(Expert) 25 October 2013
If we interpret section 33(2) of ID Act in another way- -if you are a protected workman- and since there is no stay order by the Appellate court/Division Bench of the High court against the single Judge decision -you can claim the benefit of section 33(2) of IDA.and claim your continuation of service with all the attendant benefits. Please see Indian Telephone Industries Vs. Prabhakar H Manyare 2003 ILR 68.
Devajyoti Barman
(Expert) 26 October 2013
You can ask the HC to make clarification that the labour court is free to go ahead with execution.
This happens when matter is pending HC or SC and then we have to seek clarification from the court.
Rajendra K Goyal
(Expert) 26 October 2013
The Stay was not granted by the division bench of the HC. Whether stay was asked for?
The judgement of single judge and for stay of division bench need to be referred. In absence of clear instructions clarification from court can be preyed.
Raj Kumar Makkad
(Expert) 28 October 2013
I do agree with experts so no more to add.
