This is related to my son's illegal termination case. The management on 18.04.2015 gave an undertaking before the Labour Court to produce (I) Email decipting the acceptance of resignation. (ii) Proof of payment made by ECS in Petitioner's (my son's) account.
The said documents were never produced before the court hence the Ld P.O.on 11.12.2015 observed that adverse inference will be drawn but another P.O. who took up the charge later did not take adverse inference and dismissed the case ruling there has been acceptance and Full & Final amount paid although the bank statement reflects no such payment made.
Is the Ld. P.O. entitle to omit the previous Ld P.O"s observations or any law/rule restrains him from doing so?
An early answer shall be highly appreciated.
Thanking you in advance.
You should file application for issuance of certified copies of order where it was recorded for production of email and consequences in non-production of the valid proof.
The only remedy is to file revision against the order of labor court
