Whether litigatioin expenses of 15000/- sufficient to fight a case in delhi high court
S Kumar
(Querist) 20 July 2014
This query is : Resolved
Dear lawyers,
In my illegal termination case the labour court passed award in my favour and instead of giving reinstatement with full backwages awarded only 5 lac compensation in lieu of reinstatement and backwages for which I want to file a writ.
Since I was having limited finance I could not avail the service of a private counsel. So I approached DHCLSC for free aid but they were only interested to defend the 5 lac amount and refused my request of fighting the case for reinstatement with full backwages.
In the meantime company filed their WP for stay of award and with difficult efforts I counterfiled my 17B application before listing date of their WP so that I will be able to get litigation cost as well as subsistence allowance. The Court have not stayed the order and said that it will take their WP and my 17B together on next date and on my request that since DHLSC is not fighting my case as per my request they pass order that I can pursue my case individually and allowed RS. 15000/- as litigation expenses.
I have started preparing my writ petition but because of my no experience of legal rules and technicalities I require service of legal service provider who can help to file as well check my drafted writ petition.
Can this forum help me in my limited resource of Rs. 15000/- during this litigation if I fight on my own.
regards
S kumar
Devajyoti Barman
(Expert) 20 July 2014
Better engage an advocate. Fighting a writ petition in high court is not e child's play.
Dr J C Vashista
(Expert) 21 July 2014
If you feel yourself competant enough to contest your case, nothing wrong otherwise, multiply your budget so that you may be able engage a good lawyer in Delhi High Court, to protect your own interest.
P. Venu 
(Expert) 21 July 2014
Since the company has filed the WP, where is the need for you draft the Petition.
ajay sethi
(Expert) 21 July 2014
search in LCI database for lawyers based in DElhi .
S Kumar
(Querist) 21 July 2014
Sorry, It is a typographic mistake where I mentioned P.Venu Sir as P.Menu.
The original query/thread which was answered is as follows
" In my illegal termination case the labour court passed award in my favour and instead of giving reinstatement with full backwages awarded only 5 lac compensation in lieu of reinstatement and backwages for which I want to file a writ.
Since I was having limited finance I could not avail the service of a private counsel. So I approached DHCLSC for free aid but they were only interested to defend the 5 lac amount and refused my request of fighting the case for reinstatement with full backwages.
In the meantime company filed their WP for stay of award and with difficult efforts I counterfiled my 17B application before listing date of their WP so that I will be able to get litigation cost as well as subsistence allowance. The Court have not stayed the order and said that it will take their WP and my 17B together on next date and on my request that since DHLSC is not fighting my case as per my request they pass order that I can pursue my case individually and allowed RS. 15000/- as litigation expenses.
I have started preparing my writ petition but because of my no experience of legal rules and technicalities I require service of legal service provider who can help to file as well check my drafted writ petition.
Can this forum help me in my limited resource of Rs. 15000/- during this litigation if I fight on my own."
Against this query P.Venu Sir gave the Advice
" Since the company has filed the WP, where is the need for you draft the Petition. "
So I made the query
"In my last query P Venu sir advice me that there is no need to file WP against WP of company.
What does it mean.
Isn't this mean that I am myself leaving my claim of reinstatement with backwages
or P Venu sir is suggesting that a reply in form of a counter reply to their Wp where I pray HC for reinstatement with full backwages will be sufficient?
One more thing as their is a section 36 in IDAct to restrict practicing advocates is there any section under which I request HC not to allow a lawyer since I am pursuing my case individually."
Dear experts Please solve this query
Thanks
S.Kumar
c.p.s. ramachary
(Expert) 22 July 2014
For expenses (excluding court fee, process fee)there are no fixed Rules. It depends upon the volume of work such as xerox copies, bindibg of paper books, monitoring of the case by clerck of the advocate you engage, for applying for cerified copies and several other such expenses. In Delhi if you engage an advocate, you may have to incur conference charges also for discussing your matter in detail by your advocate with a senior advocate in case of requirement of opinion from senior counsel your advocate may engage. Further your advocate may charge a senior advocate fees for presenting your case. Hence it is difficult to asses such expences which are incurred on actual or accrual basis.
T. Kalaiselvan, Advocate
(Expert) 23 July 2014
The provisions of subsections 3 and4 of section 36 of ID Act is reproduced below:
(3) No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under this Act or in any proceedings before a Court.
(4) In any proceeding117[before a Labor Court, Tribunal or National Tribunal], a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and 156[with the leave of the Labor Court, Tribunal or National Tribunal, as the case may be.]
The above provisions are for labor court or tribunals, your case is before the high court in the form of writ petition, so there is no reason to agitate the same on the basis of above provisions.
Raj Kumar Makkad
(Expert) 23 July 2014
You cannot restrict the opposite party to engage a lawyer before high court as there is no such provision under any law.
The advice of P. Venu is correct keeping in view the writ petition filed by your opposite party which also do entitle you to file your counter claim thereto in the reply to the petition.
Anyway, you need a lawyer to represent your case against a meager amount. better to multiply your cost and fight the case vigorously and effectively.
S Kumar
(Querist) 25 July 2014
Dear Sirs,
As suggested by all of you to multiply my cost but as told I am not in a very sound financial position that is why I requested court thru my application us 17B for subsitence allowance to survive as well for equitable legal proceedings.
On this Hon'ble HIgh Court in its last order noted that WP of management and my 17B application will be taken on next date and no instruction was given in this order to file my reply.
Is it neccessary at this junction to file my counter claim in reply to their petition before disposal of my 17B application since I came to know that 17B applications are disposed expeditiously without going into merits of writs.
Dear experts pls add your valuable advises on these facts
HIghly thankful to you all
S Kumar
(Querist) 25 July 2014
Dear Sirs,
As suggested by all of you to multiply my cost but as told I am not in a very sound financial position that is why I requested court thru my application us 17B for subsitence allowance to survive as well for equitable legal proceedings.
On this Hon'ble HIgh Court in its last order noted that WP of management and my 17B application will be taken on next date and no instruction was given in this order to file my reply.
Is it neccessary at this junction to file my counter claim in reply to their petition before disposal of my 17B application since I came to know that 17B applications are disposed expeditiously without going into merits of writs.
Dear experts pls add your valuable advises on these facts
HIghly thankful to you all
S Kumar
(Querist) 29 July 2014
Dear R.K.Makkad Sir,
As you suggested that I should post subsequent post/event in the same thread I want to tell you sir that I am seeing my query in the same thread as open but till date no response obtained.
That is why I again posted it
Pls help me in solving my query now
Thanks
Guest
(Expert) 29 July 2014
Dear Kumar,
If you can fight your case, yourself, effectively that can be totally free, except court fee, etc. But, against your specific question, "whether litigatioin expenses of 15000/- sufficient to fight a case in delhi high court," I would also be specific in replying frankly that no lawyer would be ready to toil for years together in continuing fighting with an amount of Rs.15,000/- (including court fee & documentation, etc.) even in lower courts, what to say of fighting in a high court.
Raj Kumar Makkad
(Expert) 29 July 2014
I also do endorse the wise advice of ld. dhingra ji.
T. Kalaiselvan, Advocate
(Expert) 29 July 2014
I too agree with the views of expert Mr. Dhingra on the issue. the fee will not suffice to conduct the case even in the lower court.
Guest
(Expert) 30 July 2014
Dear Shri Raj Kumar,
Thanks for endorsing my views.
Guest
(Expert) 30 July 2014
Dear Shri Kalaiselvan,
Thanks for agreeing with my views.
Dr J C Vashista
(Expert) 31 July 2014
I fully agree with the opinion and expert advise of Sh. Dhingra ji.
