Dear Learned lawyers,
My friend was harassed and illegally terminated by a MNC IT co. (He tendered resignation citing harassment as reason, hoping the serious matter will be escalated and HR would probe the matter, however, on technical grounds his resignation was wrongfully accepted and hence he was illegally terminated w/o a probe into repeated harassment)
1. The matter is in labour court and he was handling 'in party' w/o any lawyer's help.
2. The company did not respond to my friend's charges & allegations
3. The judge orders the case be referred for 'ORDERS', however, company objects and my friend is called for another hearing
4. The judge says that my friend be cross examined by co. and judge says this is beneficial to my friend, he also assures that co. will not be able to drag my friend to higher court.
5. My friend is not happy with cross examination, even though he repeatedly mentioned to hon. judge that he quit citing repeated harassment as reason with proper evidence, however, that has not been recorded in the court documents file. Also some evidences of serious wrong doing has been omitted from the court documents file. For example first 4 annexure of the affidavit are missing when my friend took 'certified' copy from the court office.
6. My friend is shocked is extremely sad / confused , he has been fighting the case since 2.5 years.
7. The judge who recorded the cross examination has been transferred and new judge has taken over.
8. I have advised him to hire a lawyer from some NGO as my friend is short of funds and is living a economically stressed life.
9. Can my friend point these anomalies 'to the new judge and request RE-EXAMINATION and make previous CROSS EXAMINATION 'null & void' Can he complain about missing evidences ? If So to whom ?
Your replies will be appreciated
Any advice or Tips and tricks please.
Thanks in Advance