Cases in two forums.

Querist : Anonymous (Querist) 16 October 2020 This query is : Resolved
The writ petition challenging termination frm service is pending at High Court..In the meantime, case could be filed at Labour court seeking remedy.The CPC 10 permits cases in two forums.Pl enlighten.

Follow Query

Report Abuse

Quick Summary

This discussion explores the possibility of pursuing legal action in two different forums concurrently. While initially suggested that CPC 10 might permit this, it's clarified that a case challenging termination cannot be filed in both the High Court and the Labour Court. The Labour Court's insistence on withdrawing the High Court case is correct, as the same matter cannot be litigated in two places. Furthermore, a High Court writ petition challenging termination is deemed not maintainable if an effective remedy is available in the Labour Court.

Dr J C Vashista (Expert) 17 October 2020
It would be better to seek service of a local prudent lawyer for better appreciation of facts./ documents, professional guidance and necessary proceeding if it is a real story and not an academic exercise.

Querist : Anonymous (Querist) 17 October 2020
Thank you sir. The labour court insists to withdraw the High Court case .Is it right.

Rajendra K Goyal (Expert) 17 October 2020
case is pending with the High Court, same case cannot run in two forum.

Advocate Bhartesh goyal (Expert) 17 October 2020
Yes Labour court's view is correct ,writ petition filed for challenging the order of termination from service in H.C is not maintainable when efficacious remady is available to petitoner .
who can legally challenge the termination order in labour court.

Message likes : 1 times

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries