Dear All,
Greetings! In the past, we had an active trade union from BMS. All of their members have been sacked by the management in a case related to mob formation and violence. A domestic enquiry was conducted, and again, the same lawyer has given a judgment in favor of management.
In the labor court, the case was fought, and the court had given the verdict that a person who is a legal advisor of the company could not make a fair decision and then give a decision in favor of the victims. We have filed a writ petition against the judgment in the high court, but the high court has rejected the same.
Now, what would be the next step that one can take?
Regards,
Ranjeet
From India, New Delhi
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12Greetings! In the past, we had an active trade union from BMS. All of their members have been sacked by the management in a case related to mob formation and violence. A domestic enquiry was conducted, and again, the same lawyer has given a judgment in favor of management.
In the labor court, the case was fought, and the court had given the verdict that a person who is a legal advisor of the company could not make a fair decision and then give a decision in favor of the victims. We have filed a writ petition against the judgment in the high court, but the high court has rejected the same.
Now, what would be the next step that one can take?
Regards,
Ranjeet
From India, New Delhi
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Ranjeet,
If the High Court has rejected the case in favor of the workman, then you may try it in the Supreme Court. I presume that LC's and HC's verdict may be based on the procedure of the domestic inquiry. That is, they might have challenged the authority of a member of the management becoming an inquiry officer. Had the inquiry been conducted by an independent EO, then it could not have been challenged. Please confirm.
Regards,
Madhu.T.K
From India, Kannur
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If the High Court has rejected the case in favor of the workman, then you may try it in the Supreme Court. I presume that LC's and HC's verdict may be based on the procedure of the domestic inquiry. That is, they might have challenged the authority of a member of the management becoming an inquiry officer. Had the inquiry been conducted by an independent EO, then it could not have been challenged. Please confirm.
Regards,
Madhu.T.K
From India, Kannur
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Dear Madhu Sir,
Thank you very much for your replies. The only problem is that the lawyer is a very famous legal advisor on labor problems and has been associated with the company for quite a long time. The court had referenced cases in his judgment.
If the court has directed us to reinstate these workers, and the management does not want to take him back, can we pursue a mutual agreement with the consent of both parties? But, what if the worker only wants reinstatement? This could be a significant setback for the management.
On humanitarian grounds and having worked in this company, I can only say that perhaps these people were right. I have observed that every employee is working for a minimum of 12 hours without any wages.
Being associated with a big brand name, maybe nothing can happen, but yes, it is unfair on humanitarian grounds. Please suggest what to do.
From India, New Delhi
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Thank you very much for your replies. The only problem is that the lawyer is a very famous legal advisor on labor problems and has been associated with the company for quite a long time. The court had referenced cases in his judgment.
If the court has directed us to reinstate these workers, and the management does not want to take him back, can we pursue a mutual agreement with the consent of both parties? But, what if the worker only wants reinstatement? This could be a significant setback for the management.
On humanitarian grounds and having worked in this company, I can only say that perhaps these people were right. I have observed that every employee is working for a minimum of 12 hours without any wages.
Being associated with a big brand name, maybe nothing can happen, but yes, it is unfair on humanitarian grounds. Please suggest what to do.
From India, New Delhi
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