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Appeal against the order

(Querist) 15 August 2017 This query is : Resolved 
If labour court dismiss reference than what remedy available to workman
Rajendra K Goyal (Expert) 15 August 2017
Academic query.

State material facts of the problem if any.

How are you concerned / related with the query?

Looks like examination question.
Kumar Doab (Expert) 15 August 2017
You may go thru:

THE INDUSTRIAL DISPUTES ACT, 1947 ACT NO. 14 OF 1947 1*
CHAPTER III
REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS
10. 1(d),2A

http://labour.gov.in/sites/default/files/THEINDUSTRIALDISPUTES_ACT1947_0.pdf


Approach superior court.
Kumar Doab (Expert) 15 August 2017
You may go thru:

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 683 of 2011. Decided on: 28th February, 2011.
Yadvinder Sharma …Petitioner. Vs. State of H.P. and others. …Respondents.

http://164.100.138.228/casest/generatenew.php?path=data/judgment/2013old/&fname=CWP6832011.pdf&smflag=N
Kumar Doab (Expert) 15 August 2017
W.P.(L)No.6/2012
AFR HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (L) No.6 of 2012
Hemant Kumar Nayak, S/o Shri Harinath Nayak, aged about 47 years, R/o S.L. Patel, Qtr.No.B/643, Block-2, Yamuna Vihar, Jamnipali, Teh. Katghora, Distt. Korba (C.G.) ---- Petitioner
Versus
1. State of C.G., Through the Secretary, Water Resources Deptt., D.K.S. Bhawan, Raipur (C.G.) 2. Executive Engineer, Hasdev Barrage, Water Management Division Rampur, Korba (C.G.) 3. Engineer in Chief, Water Resources Deptt., Raipur (C.G.) ---- Respondents

‘18. As a fallout and consequence of aforesaid discussion, the impugned order dismissing the restoration petition and the order dated 11-3-2011 dismissing the reference petition is ex-facie without jurisdiction and without authority of law.’
http://highcourt.cg.gov.in/Afr/courtJudgementandAFR/2015/October/WPL6of2012.pdf
Kumar Doab (Expert) 15 August 2017
Bombay High Court
Sangitabai Bhaskar Kamble vs The Commissioner Aurangabad ... on 20 December, 2016

https://indiankanoon.org/doc/87935078/

Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No. 1389 OF 2015
(Arising out of SLP(C) No.33509/2011)



Oshiar Prasad and Others Appellant(s)


VERSUS


The Employers in relation to
Management of Sudamdih
Coal Washery of M/s BCCL,
Dhanbad, Jharkhand Respondent(s)


25. It is thus clear that the appropriate Government is

empowered to make a reference under Section 10 of the Act

only when "Industrial dispute exists" or "is apprehended

between the parties". Similarly, it is also clear that the

Tribunal while answering the reference has to confine its

inquiry to the question(s) referred and has no jurisdiction to

travel beyond the question(s) or/and the terms of the reference

while answering the reference.

http://courtnic.nic.in/supremecourt/temp/sc%203350911p.txt
Kumar Doab (Expert) 15 August 2017
Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No. 1389 OF 2015
(Arising out of SLP(C) No.33509/2011)



Oshiar Prasad and Others Appellant(s)


VERSUS


The Employers in relation to
Management of Sudamdih
Coal Washery of M/s BCCL,
Dhanbad, Jharkhand Respondent(s)


25. It is thus clear that the appropriate Government is

empowered to make a reference under Section 10 of the Act

only when "Industrial dispute exists" or "is apprehended

between the parties". Similarly, it is also clear that the

Tribunal while answering the reference has to confine its

inquiry to the question(s) referred and has no jurisdiction to

travel beyond the question(s) or/and the terms of the reference

while answering the reference.

http://courtnic.nic.in/supremecourt/temp/sc%203350911p.txt
Kumar Doab (Expert) 15 August 2017
I have sent you some links.

Pick up relevant points,discuss with your own LOCAL very able senior counsel specializing in Labor/service matters in person with whole case files and proceed further under expert advise of your counsel....
Advocate Suneel Moudgil (Expert) 15 August 2017
Though your query contains very limited facts yet Mr Kumar doab revert exactly and more than your need.
Advocate Suneel Moudgil (Expert) 15 August 2017
Nothing more to add.................
Kumar Doab (Expert) 15 August 2017
You are probably PIP and have been running from quite some time.........

You need local counsel's support that you should avail without any need of any doubt.........
Kumar Doab (Expert) 15 August 2017
Thanks for agreeing Mr. Suneel Moudgil.....
inderjeet (Querist) 15 August 2017
Dear experts you all are doing great job by helping,, guiding persons like me not only removed from service illegal but facing lot of problems without job and now when the case is on evidence of workman employer wants to get the reference dismiss on jurisdiction point without deciding the other issues. Do all the citatiion as provided by experts be applied in this case.
R.K Nanda (Expert) 16 August 2017
nothing to add more.
Kumar Doab (Expert) 16 August 2017
Hope you have gone thru: ID Act: and its provisions..........S;7,subsequent sections …… ,10 more so 10(4)
Kumar Doab (Expert) 16 August 2017
You may go thru:

10…………….‘ Consequently, as the immediate occasion which resulted in the alleged infraction of the rights of the petitioner workman occurred in the State of Uttar Pradesh, the Courts in Delhi cannot be vested with territorial jurisdiction on the allegations that………’
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 12th October, 2015 +
W.P.(C) 1113/2015
SHRI SHAILENDER KUMAR ..... Petitioner Through: Mr . Javed Khan, Adv. versus THE SECRETARY (LABOUR) & ANR.
http://lobis.nic.in/ddir/dhc/SUN/judgement/15-10-2015/SUN12102015CW11132015.pdf
Kumar Doab (Expert) 16 August 2017

[REPORTABLE] IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8246 OF 2013 (Arising out of Special Leave Petition (Civil) No. 20494 of 2011)
M/s. Tata Iron & Steel Co. Ltd. …….Appellant(s) Versus State of Jharkhand & Ors. ……Respondent(s)
WITH C.A. No. 8247/2013 (@ SLP(C) No. 21086 of 2011)
13. We would hasten to add that, though the jurisdiction of the Tribunal is confined to the terms of reference, but at the same time it is empowered to go into the incidental issues.
16………..Some judgments of this Court were also referred to for the proposition that the jurisdiction of the Tribunal is limited to the extent of what is referred to it.
"If no dispute at all is raised by the employees with the management, any request sent by them to the Government would only be a demand by them and not an industrial dispute between them and their employer. An industrial dispute, as defined, must be a dispute between employers and workmen. The Government has to come to an opinion that an industrial dispute does exist and that opinion can only be formed on the basis that there was a dispute between the employee and the employer

18. The Industrial Tribunal/ Labour Court constituted under the Industrial Disputes Act is a creature of that statute. It acquires jurisdiction on the basis of reference made to it. The Tribunal has to confine itself within the scope of the subject matter of reference and cannot travel beyond the same.
19. It is for this reason that it becomes the bounden duty of the appropriate Government to make the reference appropriately which is reflective of the real/ exact nature of “dispute” between the parties.
20. It follows from the above that the reference in the present form is clearly defective as it does not take care of the correct and precise nature of the dispute between the parties.
21. As a consequence, this appeal is allowed and the impugned judgment of the High Court is set aside. Sequitur to that would be to quash the references made in the present form. However, at the same time, direction is given to the appropriate Government to make fresh reference, incorporating real essence of the dispute as discussed in this judgment, within a period of two months from the date of receipt of the copy of this judgment.

https://indiankanoon.org/doc/68062865/
Kumar Doab (Expert) 16 August 2017
Bombay High Court
Maharashtra Industrial ... vs Member, Industrial Court And Ors.



2…………….They also contended that because of absence of relationship of any kind, it was not necessary to give one month notice or salary in lieu thereof to respondent No. 2. The parties lead evidence and Labour Court found that there was no appointment order or termination order and relationship itself was in dispute. It appreciated the oral evidence and the documents on record and found that respondent No. 2 was not successful in showing that he was directly engaged by petitioners. In view of this finding, it dismissed the complaint.

3. The Industrial Court has however reversed this finding of Labour Court observing that it did not properly consider the oral and documentary evidence in the light of material pleadings and hence, conclusion reached by Labour Court was wrong.

5……………….is pressed into service to urge that Objection in this respect is to very jurisdiction of Labour Court and hence it can be raised at any time.
6………..He contends that jurisdiction under Section 44 has been rightly exercised by Industrial Court as Labour Court had refused to exercise jurisdiction. He therefore asserts that no case is made out for interference in the jurisdiction.
11………..She pointed out that it was not that objection to the jurisdiction was not taken at the initial stage and, therefore, it would not be possible for the Corporation now to object to the jurisdiction of the Labour Court. The areument is obviously not plausible. The objection to the jurisdiction can be raised at any level. If the Court has no jurisdiction it can be pointed out at any stage of the litigation. That objection, therefore cannot be sustained.


https://indiankanoon.org/doc/964383/
Kumar Doab (Expert) 16 August 2017
Dear LCI Querist @ Inderjeet,

Would you like to post where exactly you were located................

Top 5 Lawyers/Counsel/Law Firms at your location specializing in Labor/service matters

Name and details of Lawyers/Counsel/Law Firms specializing in Labor/service matters, engaged by you at your location that has represented you in courts

Does the Lawyers/Counsel/Law Firms that represent you specialize in Labor/service matters..............


The lawyer that represented you but acted against your interest in courts is a counsel that specializes in Labor/service matters...........or not!

Kumar Doab (Expert) 16 August 2017
I have wholeheartedly shared with you in the past also. There has been all out frustrated effort by ill informed/ignorant, despite being aged, but infact being nothing but posers/impostors, to distract,sidetrack and confuse the querists......... to allure them and fleece them..........


The reply that you post to above mentioned points shall not only help you but others; community of employees/readers/members/experts/LCI community/ others as everyone shall get to know the lawyers ( Or LIAR's) and purported Law Firms ( that are LIAR's Firms) that act against ethics and also that pose as experts to allure unsuspecting querists/litigants but are nothing but POSERS, IMPOSTORS,.............Quacks ................


AND CAN BE PERMANENTLY BLACKLISTED..................

ANY LAWYER/COUNSEL THAT SENDS A REFERENCE TO SUCH POSER/IMPOSTOR/QUACK SHALL BE LOSING HIS HARD EARNED REPUTATION, GOODWILL, PRACTICE AND WILL BE GETTING A HIT IN FUTURE......... AND EVEN CLAIM OF DAMAGES FROM LITIGANTS........
Dr J C Vashista (Expert) 17 August 2017
An exemplary explanation has been provided by expert Mr. Kumar Doab, submit your gratefulness for adding lot of ammunition to the topic of debate.
inderjeet (Querist) 17 August 2017
Dear Mr. Kumar Doab the expert no doubt you have helped and guided me from the core of your heart for which I and my family would ever remain thankful to you for the act of this kindness for which even my paid advocate didn't guide me and I left his services. I have filed affidavit but not crossed by management. I have also filed application to summon witness which is kept pending by court as management after written statement filed application for dismissal of reference with jurisdiction and reply filed. Argument heard by court but no order passed yet. Dear expert Mr. Kumar Doab besides not only I am aged person but due to no job and no income management is frequently taking dates and I have to come from far place to attend the court dates. Please let me know that I was issued initial appointment letter at place of my residence through there sister concern branch at place of my residence. Assistant labour commissioner hearing was heard where I reside and reference under section 10(1) 2A send to labour court tribunal for adjucating and now when the case is at the stage of workman evidence management wants to get the reference dismiss on jurisdiction where earlier nowhere they objection.
inderjeet (Querist) 17 August 2017
Dear Mr. Kumar Doab the expert no doubt you have helped and guided me from the core of your heart for which I and my family would ever remain thankful to you for the act of this kindness for which even my paid advocate didn't guide me and I left his services. I have filed affidavit but not crossed by management. I have also filed application to summon witness which is kept pending by court as management after written statement filed application for dismissal of reference with jurisdiction and reply filed. Argument heard by court but no order passed yet. Dear expert Mr. Kumar Doab besides not only I am aged person but due to no job and no income management is frequently taking dates and I have to come from far place to attend the court dates. Please let me know that I was issued initial appointment letter at place of my residence through there sister concern branch at place of my residence. Assistant labour commissioner hearing was heard where I reside and reference under section 10(1) 2A send to labour court tribunal for adjucating and now when the case is at the stage of workman evidence management wants to get the reference dismiss on jurisdiction where earlier nowhere they objection.
Kumar Doab (Expert) 22 August 2017
Other threads:

http://www.lawyersclubindia.com/experts/Special-leave-petition--652331.asp



http://www.lawyersclubindia.com/experts/Photo-copy-valid-in-court--645991.asp
http://www.lawyersclubindia.com/experts/Transfer-of-civil-case-from-one-district-to-another-district-646676.asp
http://www.lawyersclubindia.com/experts/Dismissal-of-reference-647931.asp
http://www.lawyersclubindia.com/experts/Attendance-in-court--650166.asp
http://www.lawyersclubindia.com/experts/Witness-to-call--650281.asp
http://www.lawyersclubindia.com/experts/Appeal-against-the-order--651566.asp






Kumar Doab (Expert) 22 August 2017
In case all matters and all cases are examined by your local counsel that is expert in Labor/service
matters in detail yo can save yourself time and energy and money.........
Kumar Doab (Expert) 22 August 2017
In case of funds issue contact DSLA for free legal aid....
Check in local courts complex e.g; and chose option of Free Legal Aid


http://www.lawyersclubindia.com/experts/Special-leave-petition--652331.asp 3/4

http://ecourts.gov.in/amritsar/history
http://ecourts.gov.in/sites/default/files/District%20Legal%20Services%20Authority.pdf
Kumar Doab (Expert) 22 August 2017
In other thread you have mentioned;

"Respondents although mentioned point of jurisdiction in their written statement earlier
and rejoinder was filed that case is within jurisdiction."


What exactly do you mean?



Kumar Doab (Expert) 22 August 2017
You are welcome....................
Kumar Doab (Expert) 22 August 2017
You may benefit from the advise of Dr.J.C. Vashista.


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