Ignoring directions of high court by labour court
skg
(Querist) 18 March 2012
This query is : Resolved
Dear Experts,
In an on going 4 year old labour case at
workman evidence stage in labour court the
workman has got an order from Delhi high court
in May'2011 thru a writ petition wherein the high
court has given direction to labour court to
complete the case within eight months i.e. upto
31st Jan'2012.
The PO of the labour court has not taken the
direction of high court seriously and instead of
giving short dates keep on giving long dates
despite requests to PO that short dates be given
since the case is time bound by lawyer of
workman.
Almost 3 months have passed now and the case is
still at Management evidence stage.
My question to experts is that in our judicial
system
1) whether lower courts are competent enough to
ignore orders of higher court
2) If our judicial system is itself delaying
court proceedings then why at the time of award they give
judgements on the basis of time period condition
in favour of management by reducing 100%
backwages to workman who desperately wants his
case of illegal termination to be solved quickly.
3) Whether workman has right under constitution
of India to give an application to Supreme
Court/Delhi High court that lower court is not
following direction of higher courts and under
these circumstances interim relief of 50% wages
be given to workman till the case is disposed by
lower court since the workman is unemployed
and his family is also suffering due to this delay
and cannot survive without this relief.
4) What is the time period in which lower court
has to reply to higher court and give reasons of
delay?
5) What are the consequences the PO of labour
court can face if he do not give reasons to higher
court in writing if a complaint is launched by
workman in higher court?
Rgds
Raj Kumar Makkad
(Expert) 18 March 2012
1. No.
2. File contempt of court proceeding against such PO.
3. The relief as mentioned above can be made.
4. There is no such law rather this is administrative direction of the high court.
5. He can be removed from his post.
skg
(Querist) 19 March 2012
Dear Makkad Sir,
Thanks for your valuable advices.
Can the workman send his application directly to the Judge of Delhi High Court who passed that order by Registered AD post giving reference of order no. and date OR he has to take the help of a lawyer to file this application.
Kindly advice what cost free procedure is followed to launch this complaint against the PO in High Court keeping in mind the precarious financial position of the workman.
Rgds
