Employer Ignoring Court's Reinstatement Order: What Should I Do Next?

Dear members,

The Honorable Labour Court has ordered for my reinstatement and payment of full back-wages, along with all consequential benefits in my favor. However, my employer is not complying with the court's award even after sending them a copy of the award. What should be my next step? Please advise.

Thanks,
Rahul Singh

Dear Rahul Singh,

You have won a court case. Therefore, reasonable credit goes to the lawyer whom you had hired. He/she must have represented your case flawlessly. Now, when your employer is not honoring the court verdict, why not approach the same lawyer and seek his/her advice? By the way, has your ex-employer challenged the verdict in the High Court? Do you know anything about that?

Thanks,

Dinesh Divekar

You have to file a complaint/petition before the labor commissioner for the implementation of the award (reinstatement part). For full back wages and other consequential benefits, you have to file another computation case under section 33(C)(2) of the ID Act for the calculation of your dues. However, the procedure may vary from one state to another, so consult your lawyer at the earliest.

You need to be congratulated, along with your lawyer, for perfectly presenting the facts and circumstances leading to filing the appropriate suit in the labor court and winning the same. Since you wanted to get justice, and to get justice one has to fight vigorously, now you are wasting your time approaching sites. It's better to consult your lawyer; otherwise, if you can, you can file a petition on your own in the labor court for contempt of court by your employer. Additionally, you need to approach the concerned Labour Commissioner of the area where the employer is doing its business through the labor inspector. However, for all this, you must have documentary evidence to prove your efforts to implement the labor court award. Best of luck!

Through your lawyer, send a notice to your employer to comply with the order. You can assume office with your order, and if you are prevented, that can be well notified. This will strengthen your attempt.

Dear members,

First of all, thanks to everyone.

As per my lawyer's instructions, a copy of the court's award has already been sent through registered A.D. post. After confirming delivery, I wrote an email to management. They have now replied to my email, and the H.R. Manager is requesting an additional week to check the details and respond.

Thanks,
Rahul Singh

After requesting one week's time via email, my employer company's HR department approached the labor court (not the high court) through a lawyer to set aside the award. Fortunately, their lawyer filed the application nine days late. As a result, the honorable labor court did not set aside the award as they lacked jurisdiction after the 30-day period, having already ordered and affirmed the award. Now, my lawyer has sent a notice for compliance with the award and has filed an application to recover the money owed by the employer.

Thanks

I am a pharmaceutical sales professional working as a Sr. Field Sales Officer in Ujjain, Madhya Pradesh. My employer has informed me that they currently have no business operations in the state of Madhya Pradesh. However, the court has ordered them to reinstate my services back in Ujjain to the position I held before my illegal termination. There is also a significant amount of around nine lakh rupees remaining to be recovered from the employer. I am concerned about both my pending money and job security.

There is nothing to be worried. The employee is bound to comply with the orders and to reinstate and pay you the back wages unless, of course, they approach a Higher Court and get some order in their favor.

Dear all,

The application under 33 C2 I D Act has been decided, and the labor court has ordered my employer to pay Rs. 10,20,650 on account of back wages to me and given 60 days to pay the same. Thirty-five days have already passed, and my employer has not presented any appeal in the labor court or the high court. Thank you for your valuable suggestions. Kindly suggest to me what will happen in my case now. I am worried because I have a lot of responsibilities.

Thank you.

Since the 60-day time limit is there and only 35 days have passed, you have to wait for 60 days before you can think of taking any action for the violation of such an award. Even the employer has sufficient time to challenge the order before the Hon'ble High Court. So wait for 60 days. Depending on the action/inaction/appeal on the part of your employer, you may decide the next course of action.

From my practical experience, Rs. 10 lakhs, as awarded, is not a small amount, and the employer is going to challenge the award.

Dear Ritesh Maity,

The date of the award declaration was 30/06/2016 in the original case. Subsequently, my employer company filed an application through their advocates to set aside the award and to stay recovery on 09/08/2016. This decision was again ruled in my favor by the labor court on 27/11/2016.

In the 33c2 ID Act case filed by me in December 2016, the amount of rupees ten lakhs to be recovered by December 2016 was finalized on 25/04/2017.

I am wondering if there are still any chances for my company to file an appeal in the high court and avoid paying me the money. Your valuable advice on this matter would be greatly appreciated.

Thank you,

Rahul Singh Chouhan
Ujjain, M.P.

Hello to everyone,

Since the time limit of sixty days given by the labor court in the 33(c)2 I&D Act case judgment to pay the dues is over on 25/06/2017, the employer did not file any appeal in the High Court nor did they pay any money. I then filed an application to transfer the execution to the civil court for the recovery of dues. Now, there is confusion about whether the execution should be transferred to the civil court of which area, as I am residing in Ujjain, M.P. During my services before my termination, I was working at the Ujjain headquarters and taking care of business in Ujjain on behalf of my employer's company. My employer's head office is in Bombay.

Please clarify this for me as it will help me proceed with my case further.

Thanks,
Rahul Singh

Additional Labour Commissioner ordered reference to the Labour Court. Then, the Labour Court ordered an ex parte award for reinstatement and full back wages. The employer filed an application under Order 9 Rule 13, which was dismissed by the Labour Court. Computation was done under Section 33 c2 of the ID Act, and the decree was transferred to the civil court where notices were issued under Order 21 Rule 22. Now, after these stages, the employer filed a writ petition to quash all the above orders in one writ petition.

The award has been challenged by way of a writ petition in the high court, but the matter is not admitted. Will it stand in the high court, or will it be returned to the labor court? Please advise.