sachin 12 October 2017

Can I ask for interim relief?

I was terminated by employer for misconduct last year. Their claim of misconduct is fabricated and false. They didn't give me ab experience certificate due would which I didn't get any job. I complained to labour office but the employer didn't show up. After 9 months, case is now sent to labour court by labour department. This legal case is taking lot of time. Can I claim interim relief from labour court for reinstatement as my career is completely ruined without an experience certificate?

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4 Replies

P. Venu (Advocate) 12 October 2017

The Labour cannot grant any interim relief in reinstating an employee who has been dismissed. The remedy is as good as allowing the relief in the main petition.

sachin 13 October 2017

thanks for your reply but isn't it the responsibility of every court to protect fundamanetal rights of all citizens. By denying experience certificate, employer has violated my fundamental rights(Right to livelihood) under article 21 of the consitution by making me unemployable. Article 21 assures the right to live with human dignity, free from exploitation.

If the labour court can't help, then should i approach higher court (High court/Supreme court) for interim relief?

sachin 13 October 2017

I didn't understand what you trying to say. I have asked questions only on my termination issue. Never asked questions on divorce, internship etc. I am a graudate and was working in a big tech firm for 4 years and i didn't get experience certificate for these 4 years work. I am focussed only on fighing this termination issue than anything else. Please answer on the questions raised

Thanigai Nathan 22 January 2018

Section 11A in The Industrial Disputes Act, 1947

11A. 4 Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen.- Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require: Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter.]