I had sent legal notice to the management. I didn't get reply so case was filed in Assistant labour commissioner office. ALC called me and anyone from the management regarding counselling on the demand notice. I appeared in all hearings. However, management intentionally sent lawyer in all hearings. Management was marked absent as informed by ALC. What will happen next? Please also let me know the power of ALC in such cases.
31st October 2018 From India, New Delhi
Dear Member,
If lawyer appeared in all hearings than it can't be treated as absent from Management. It is a common tool for the management to prolong the case by taking further dates.
What will happen next is depend upon the points raised by you and case history during the prosecution. If you have been appearing in all dates than what discussions held in front of the ALC? What documents the lawyer submitted? What point suggested by the ALC for the next meeting or whether same considered by the lawyer or not?
However, the accurate advice can be given only after knowing the detailed case history. Pls find below some points which you can raised in next hearing.
You can put pressure on the ALC that you are getting harassed for the repeated dates. Also submit "Justice delay is Justice denied". Also point out that you will put another case for the harassment and cost of fighting the case (including conveyance, loss of salary etc.).
If you have huge amount pending with the company than you can also take any lawyer's / Labour Union help, but this will be costly for you.
1st November 2018 From India, Delhi
The power of ALC is very limited. In case he succeeds in resolving the differences and settles the matter, well and good otherwise he has to send a failure report to the Government. Based on his report the Government may or may not refer the dispute for adjudication.
So in the present circumstances where the management is trying to delay the matter, in the next hearing you may raise objection against any further adjournment and press ALC for reserving the matter for orders. You may also express your objection for the management being represented by a legal practitioner as per Section 36(3) of the ID Act. 1947.
As you come out with more information, further guidance can be imparted.
1st November 2018 From India, Mumbai
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