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Mahi   04 September 2020

If labour court is biased, transfer the case to nearby court

Hello Experts,

Good evening=Good day

1. I have an industrial disputes case pending before the labour Court since 2012 and is in final stage for final award.My problem  is that the Presiding Officer behaviour during the court proceedings was biased and was giving adjournment after adjournment merely on employer asking, ignoring my pleadings, this led to my suspicion of not deciding the case on merits and i loss my trust on the court.

2. I moved an application  to The Labour Secretary under Sec-33(B) of I.D.Act to transfer my case to any nearby Labour Court due to my loss of trust and cited the reason of my loss of trust.

3.The Labour secretary sought an opinion from the Presiding Officer, Labour court regarding my case transfer.The presiding Officer replied in negative denying any delay from his end and rather stated many false things against me and in result the Labour secretary without giving any opportunity to me rejected my application of transferring the case.

4.Now i am in deep problem , my case is not transferred and the presiding officer is openly acting against me and naturally he will pass the award in favour of employer.

5. I mean to say the it is open now that i have no trust on the presiding officer and he is irritated for that ,so how can now i expect a fair justice.

Kindly guide me, what options i shall explore?, what is the law point when a litigant loss the trust on the court?, shall i move to High Court?

Mahi



Learning

 1 Replies

G.L.N. Prasad (Retired employee.)     05 September 2020

What are other options before you for giving guidance?

Wait for the decision, and then go for an appeal.

These delays, favoring powerful management is not new in some Courts.


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