Sirs,
This is in continuation of my old thread on Illegal Dismissal. The company in question conducted a domestic inquiry by issuing a Show Cause Notice (SCN) without any material evidence (supporting documents) to substantiate their claims. I was charged with baseless allegations, and the inquiry was rushed through by an inquiry officer. Subsequently, a biased inquiry report was submitted to the management, leading to the termination of my services effective from 09/10/2019.
Following this, a legal notice was sent to the company detailing the case and requesting the withdrawal of the illegal dismissal order, failing which it would be contested in the appropriate court.
A petition complaint was then filed with the Labour Commissioner in Bangalore, who directed the jurisdictional Labour officer to facilitate a conciliation meeting. During the meeting, the company refused both reinstatement and compensation. Consequently, the labor officer issued an endorsement recommending the escalation of the matter to the labor court for an industrial dispute resolution. Pursuant to this, an Industrial Dispute (ID) was raised under section 10 (4)(a) of the ID Act, 1947, and a claim statement was filed.
The proceedings commenced in November 2020, and as of now, no representatives from the company have appeared at the labor court. Only their lawyer has submitted a power of attorney (wakalat) and has ceased attending the hearings. The case is currently scheduled for the submission of the counter by the opposing party.
It is evident that the company lacks substantial evidence before the honorable labor court, hence their strategy of non-attendance at hearings. As the first party, I am representing myself (PiP) and progressing with the case.
Considering my imminent superannuation in approximately 2.5 years, there is a concern that the company might prolong the legal process. I kindly seek advice from my esteemed colleagues on the best course of action moving forward.
From India, Bangalore
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1This is in continuation of my old thread on Illegal Dismissal. The company in question conducted a domestic inquiry by issuing a Show Cause Notice (SCN) without any material evidence (supporting documents) to substantiate their claims. I was charged with baseless allegations, and the inquiry was rushed through by an inquiry officer. Subsequently, a biased inquiry report was submitted to the management, leading to the termination of my services effective from 09/10/2019.
Following this, a legal notice was sent to the company detailing the case and requesting the withdrawal of the illegal dismissal order, failing which it would be contested in the appropriate court.
A petition complaint was then filed with the Labour Commissioner in Bangalore, who directed the jurisdictional Labour officer to facilitate a conciliation meeting. During the meeting, the company refused both reinstatement and compensation. Consequently, the labor officer issued an endorsement recommending the escalation of the matter to the labor court for an industrial dispute resolution. Pursuant to this, an Industrial Dispute (ID) was raised under section 10 (4)(a) of the ID Act, 1947, and a claim statement was filed.
The proceedings commenced in November 2020, and as of now, no representatives from the company have appeared at the labor court. Only their lawyer has submitted a power of attorney (wakalat) and has ceased attending the hearings. The case is currently scheduled for the submission of the counter by the opposing party.
It is evident that the company lacks substantial evidence before the honorable labor court, hence their strategy of non-attendance at hearings. As the first party, I am representing myself (PiP) and progressing with the case.
Considering my imminent superannuation in approximately 2.5 years, there is a concern that the company might prolong the legal process. I kindly seek advice from my esteemed colleagues on the best course of action moving forward.
From India, Bangalore
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Dear Mr. Natraj,
Whenever the company seeks adjournment on the date fixed, object to their adjournment and request the Presiding Officer to forfeit their right to file a counter/rejoinder.
S. K. Mittal
9319956443
From India, Faridabad
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Whenever the company seeks adjournment on the date fixed, object to their adjournment and request the Presiding Officer to forfeit their right to file a counter/rejoinder.
S. K. Mittal
9319956443
From India, Faridabad
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Dear friend,
Your anxiety to seek speedy justice is understandable. However, the court would take a considerable amount of time to proceed in the absence of the respondent. There is no other option; you must patiently wait for some more time. If there continues to be absence or non-representation on the respondent's side, you can request the court to proceed ex parte and allow you to present evidence on your behalf.
Sometimes, the respondent may remain consistently absent and allow the court to issue ex parte orders, enabling them to strategically gain more time to file a separate petition to set aside the ex parte orders and resume the proceedings. Therefore, you must simply wait.
Kind regards,
[Your Name]
From India, Salem
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Your anxiety to seek speedy justice is understandable. However, the court would take a considerable amount of time to proceed in the absence of the respondent. There is no other option; you must patiently wait for some more time. If there continues to be absence or non-representation on the respondent's side, you can request the court to proceed ex parte and allow you to present evidence on your behalf.
Sometimes, the respondent may remain consistently absent and allow the court to issue ex parte orders, enabling them to strategically gain more time to file a separate petition to set aside the ex parte orders and resume the proceedings. Therefore, you must simply wait.
Kind regards,
[Your Name]
From India, Salem
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Dear Mr. Natraj,
Are you represented by a lawyer or are you managing this yourself? Your employer cannot move the case through a lawyer without your permission. 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 involved and with the permission of the Labour Court.
Do not allow the company to request an adjournment without a valid reason. Instead, request costs and make a prayer to the Presiding Officer in this regard.
8093097934
From India, Mumbai
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Are you represented by a lawyer or are you managing this yourself? Your employer cannot move the case through a lawyer without your permission. 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 involved and with the permission of the Labour Court.
Do not allow the company to request an adjournment without a valid reason. Instead, request costs and make a prayer to the Presiding Officer in this regard.
8093097934
From India, Mumbai
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Dear Mr. Prabhat Mohanty,
Greetings for the day.
As discussed, the present status of the case is that even after a lapse of 4 months, no one has turned up in court. In the first hearing on the 20th of Nov. 2020, a lawyer representing the II party company filed a 'wakalat'. Following this, nothing has happened. The court issued a notice to the II party company in the second hearing on the 31st of Dec. 2020. The subsequent hearing was on the 25th of Feb. 2021 (a long date), and no one appeared in court. The next date for filing a Counter is on the 25th of March 2021.
Please advise on the action required from my end under Section 36(4) of the ID Act, 1947.
Best regards,
Natraj D
9845610335
From India, Bangalore
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Greetings for the day.
As discussed, the present status of the case is that even after a lapse of 4 months, no one has turned up in court. In the first hearing on the 20th of Nov. 2020, a lawyer representing the II party company filed a 'wakalat'. Following this, nothing has happened. The court issued a notice to the II party company in the second hearing on the 31st of Dec. 2020. The subsequent hearing was on the 25th of Feb. 2021 (a long date), and no one appeared in court. The next date for filing a Counter is on the 25th of March 2021.
Please advise on the action required from my end under Section 36(4) of the ID Act, 1947.
Best regards,
Natraj D
9845610335
From India, Bangalore
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