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Adv. karinamishra (-)     06 April 2014

Labour urgent help required

departmental inquiry was held by the company by considering a complainant as an officer. the complinant was found guilty in the said inquiry. the complainant approached the labour court for seeking relief for not giving him fair oppotunity also depriving company for terminating his services and  not to evict him from company quarter which is provided by the company. however the company opposed the application of the complainant that the complainant has no right to seek relief in the labour court as he is comes into officer catagory and labour court has no jurisdiction to try his application.  however labour court decided the application and rejected the application of the complainant. the court deciding decided the application without considering the jurisdiction issue. the said order was given o 25th march 2014 and the complainant received the certified copy of said order on 3rd march 2014.. in the order it is mentioned that the said order would cum into effect from 9th april 2014.

whether the departmental inquiry valid as it was held considering the accused as an officer and not a workman/ employee. whether it is presumed that the accused is an employee /workman and not an officer as the labour court decided his application .

now what is the remedy for complainant? whether he should review the said order or go for revision. Plz suggest.



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