natraj.38Sirs, This is in continuation to my old thread Illegal Dismissal. The company in question held a domestic inquiry by issuing an SCN without any material evidence (supporting documents in support of their claim) by charging me with baseless allegations and it was headed by an inquiry officer, who hurriedly proceeded with the process of inquiry and submitted a perverse inquiry report to the management, based on which my services were terminated wef 09/10/2019. Thereafter a legal notice was served on the company explaining clearly the details of the case and requested the company to withdraw the illegal dismissal order or it would be challenged at the appropriate court.
Accordingly, a petition complaint was filed with the Labour Commissioner, Bangalore who instructed the jurisdictional Labour officer to conduct a conciliation meet and in the meet, the company has refused to reinstate nor provide compensation, based on which the learned labor office issued an endorsement for raising an industrial dispute at the appropriate labor court. Accordingly, an ID has been raised u/s. 10 (4)(a) of the ID act, 1947 and filed a claim statement.
The proceedings began in Nov. 2020 and to date, no one from the company has turned up at the labor court. Only the lawyer has filed the wakalat and stopped attending the hearings. The case now stands posted for filing of the counter by the II party co.
Since it is evident that the Company has nothing by way of material evidence before the hon'ble labor court, they have resorted to the act of not attending the hearings. Since I am first party, i am appearing as a party in person (PiP) and taking the case forward.
Since i will be attaining superannuation in about 2.5 years, it is felt that the company may drag on till that time, it is earnestly requested to my learned friends to advice me accordingly on how to proceed in the matter.
From India, Bangalore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
PRABHAT RANJAN MOHANTY
Hr & Ir
shobhit-kumar-mittalDear Mr. Natraj,
Whenever the company seeks adjournment on the date fixed, object their adjournment and request the Presiding Officer to forfeit their right to file counter/rejoinder.
S. K. Mittal
From India, Faridabad
Your anxiety to get speedy justice is understandable. But Court would take considerable time to proceed with the absence of the respondent. No other go; you have to patiently wait for some more time. If there is continued absence or non-representation on the side of the respondent, you can request the Court to set them ex parte and permit you to let in evidence on your side.
At times the respondent may remain continuously absent and let the Court pass ex parte orders so that they can tactically gain more time to file separate petition to set aside the ex parte orders and to restore the proceedings.
Therefore, you have to wait only.
From India, Salem
PRABHAT RANJAN MOHANTYDear Mr. Natraj,
Whether you represented by lawyer or managing self? Your employer can not move the case through a lawyer if you have not permitted to so. The Section 36(4) of the Industrial Disputes Act, 1947 states that in any proceeding before a Labour Court, Tribunal or National Tribunal, a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and with the leave of the Labour Court.
Do not allow the company for adjournment without a valid reason but with cost, make a prayer to the Presiding Officer in said light.
From India, Mumbai
natraj.38Dear Mr. Prabhat Mohanty,
Greetings for the day,
As discussed, the present status of the case is even after lapse of 4 months, no one has turned up in the court. In the first hearing on the 20th of Nov. 2020, a lawyer representing the II party company has filed a wakalat. After this there is nothing happened. The court has issued a notice to the II party co. in the II hearing on the 31st of Dec. 2020. The next hearing was on the 25th of Feb. 2021 (long date) and no one has appeared in the court. Now the next date for filing of Counter is on the 25th of March. 2021.
Please advise action from my end u/s. 36(4) of the ID act, 1947.
From India, Bangalore