withdraw of case
raghavendra
(Querist) 11 December 2010
This query is : Resolved
sir,
is there any provision in industrial disputes act for withdrawal of referance sent by government to labour court for adjudication ,
Kirti Kar Tripathi
(Expert) 11 December 2010
no, once a reference is made for adjudication the labour court is decide the same. However, before labour Court the workman can move an application for for withdrawal of case, in that even the labour court will answered the reference of no relief.
Vijayarajan
(Expert) 12 December 2010
Mr.Kirti Kar Tripathi has given the legal position in it's own way.
raghavendra
(Querist) 12 December 2010
mr.vijayrajan please explain how it is possible to withdraw the referance,
fact of the case is here,
this is regarding demand ,conciliation become failure, against the order management filed writ petition ,high court refer the case to labour court for fresh consideration ,now settlement has taken place between management and union ,now management want to withdraw the case .think is in reference hogh court not insert the union name ,
Kirti Kar Tripathi
(Expert) 12 December 2010
the settlement can be filed before the labour court and Award may be passed in terms of settlement but answer of the reference is must.
raghavendra
(Querist) 12 December 2010
thank you sir ,
is there any provision in ID Act to withdraw the dispute
Kirti Kar Tripathi
(Expert) 12 December 2010
before reference you can withdraw but once matter is referred for adjudication, the court is bound to answer the reference, it may be on the basis of application of workman or on the basis of agreement or after adjudication.
Advocate. Arunagiri
(Expert) 12 December 2010
When the workman is not interested in conducting the case, the court is will permit him to withdraw the case.
Praveen Kumar Tewari
(Expert) 12 December 2010
prior to reference the case can withdraw by the party but if the matter referred for adjudication the said reference can withdraw by the party on the basis of workman's application with permission of the court.
Kirti Kar Tripathi
(Expert) 13 December 2010
i disagree, court is bound to answer reference.
Ahmed Daud Girach
(Expert) 16 December 2010
Reference is arrow thrown in air it can not be withdrawn.The settlement should be submitted in the court and with a request to order accordingly.When it is settelement court will give due weightage and surely consider it and order in terms of settlement, so withdrawal not required and there is no provision as such.
Practiclly it is seen in such cases workman files withdrawal purshis and then never appears in court then court either dismiises it for default or orders clearly that parties are not interested so orders accordingly.
