This has reference to series of denials made by the Labour Court to provide ex-parte order in favour of the Workmen, though when he is present in the matter and he genuinly does' nt have any docuementary evidences to prove his employment, except for witness affidavits as evidences.
Background of the matter:
A workman is being terminated by the employer without following due process of law, as he was demaning his legal dues. The workman takes up the matter to the labour court. The employer refrains to be present even though notices are being served by the court. Later, the court passes an ex-parte order in favour of employee,in order to proceed the matter. However, the exparte Award comes as a surprise and goes in favour of the employer. The Labour Court takes a view that, as the employee was unable to provide the documentary evidence of his employment, the court shall dismiss the matter. The fact that the industry that we represent doesnt follow any labour laws norms or regulations and 95% of the employees do not have proof of employment. After such practice of order by the Labour Court, it wil set an example to the employers and they just have to do one thing for rescue, is that not attend the court. It is such an irony.
Please let us know if any of expert vision has come across any judgement, which would reverse the labour court order or any opinion that may help the labour community to overcome such situatuion.
Thank You for Your time
sachin patil
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