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.
From India, Kolkata
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260From my practical experience, Rs. 10 lakhs, as awarded, is not a small amount, and the employer is going to challenge the award.
From India, Kolkata
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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.
From India, Delhi
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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.
From India, Delhi
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Hello to everyone,
Since the time limit of sixty days given by the labor court in 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 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
From India, Delhi
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Since the time limit of sixty days given by the labor court in 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 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
From India, Delhi
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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.
From India, Delhi
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From India, Delhi
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