Kanta Malini M N 30 September 2022
Under ID Act, employee illegal termination case has been referred (REFERENCE) by the Labour Dept to the Labour Court for adjudication. The Claim statement is full of errors and so it cannot be amended. Can the REFERENCE case be withdrawn with liberty to file afresh with same cause? Some advocates have said a REFERENCE case cannot be withdrawn - so please clarify.
Sourav Das (Advocate Supreme Court of India) 30 September 2022
Yes, it can be withdrawn. However, court may or may not grant liberty to file afresh.
Dr J C Vashista (Advocate) 30 September 2022
Instead of withdrawal it may be amended.
Kanta Malini M N 02 October 2022
So Sir, just want to confirm that "withdraw to file afresh" is not an option for "REFERENCE" case in labour court, is that right?
Dr J C Vashista (Advocate) 04 October 2022
The reference has been made by Competent (state) authority on the basis of decision of Labour Commissioner, hence withdrawal of the statement of claim filed by the workman would have to revert back to competent authority for consideration and re-submit the reference, which may not be permitted, besides the fact it would consume lot of time and efforts.
However, it would be appropriate to consult a local prudent senior.
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