Madhu.T.K
Industrial Relations And Labour Laws
Jeeni
Assistant Human Resource Manager

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Dear All,
Greetings!
In the past, we have an active trade union from BMS.All of their member has been sacked by the management in a case related to mob forming and on violence ground.
Domestic enquiry conducted and again the same lawyer has given judgement in favour of management.
In labour court, case was fought and the court had given the verdict that a person who is a legal advisor of the company could not take a fair decision and than given decision in the favour of victims.
We have filed a writ petition against the judgement in high court but the hight court has rejected the same.
Now what would be the bnext step that one can take.
Regards
ranjeet

From India, New Delhi
Hi Jeeni, Without knowing the full information, who will provide or suggest on this regard.
From India, Secunderabad
Ranjeet,
If the High Court has rejected the case in favour of workman, then you may try it in Supreme Court. I presume that LC's and HC's verdict may be on the basis of procedure of domestic enquiry. That is, they might have challenged the authority of a member of the management becoming a enquiry officer. Had the enquiry been conducted by an independent EO, then it could not have been challenged. Please confirm.
Regards,
Madhu.T.K

From India, Kannur
Dear Madhu Sir,
Thanks a ton for your replies.
The only prblm is that the lawyer is very famous legal advisor on labour problem and associated with company for quite longer time.
Court had given the reference of cases in his judgement.
If the court had directed us for the reinstatement of these worker and the management does not want to take him back, can we go for mutual agreement with the concern of both the parties but what if the worker only want the reinstatement.
This will be a big setback for management.
As on humantarian ground and working in this company, i can say only that may be these people were right. I have seen every employee is working for minimum 12 hrs without any wages.
Being associated with the big brand name, may be nothng can happen bt yeah it is unfair on Humanatarian ground.
Please suggest what to do.

From India, New Delhi
If the worker wants reinstatement then we are stuck. In order to know his wish you should not approach directly but approach indirectly. If he is so adamant, then we have no other say. Get him back. Find another opportunity to frame him and send him out after a proper enquiry.
Regards,
Madhu.T.K

From India, Kannur
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