WHETHER LABOUR COURT CAN IGNORE DIRECTIONS/ORDER OF HIGH COURT

skg (Querist) 12 July 2011 This query is : Resolved
In an ongoing labour case a writ petition under 226 against interim order of a labour case was filed by management which was dismissed by high court on the grounds that writ petition against only awards are feasible and not on interim orders.

The High court also directed the lower court to decide the labour case which is at the stage of cross examnation of worker within six month and also give a date to dispose the case.

My question to experts is that can management still adopt delay tactics to lengthen the case beyond this date or whether lower courts have power to stretch the case ignoring High court order.

Also cite some Apex court cases if they exist in support or not in support of this direction.

skg

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Advocate. Arunagiri (Expert) 12 July 2011
The labour cannot ignore the orders of the HC. But, if the case was not disposed within the time limit as specified the HC, the labour court has to write reasons to the HC and will seek extension of time.

prabhakar singh (Expert) 12 July 2011
Expert Advocate. Arunagiri is right

Guest (Expert) 12 July 2011
Arunagiri is absolutely right.

Kirti Kar Tripathi (Expert) 13 July 2011
It is true that the Labour Court can not ignore directions of the High Court but directions to dispose of the case within stipulated period in not depends on the directions of the Court. There are several other factors, which determines the period. The court has to follow principles of Natural Justice, which includes proper opportunity to the parties. In some cases, it is not possible for the court the decide the case within stipulated period. In that event,the Court can go beyond the period as directed by the High Court. This type of directions are not mandatory but advisory only.

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