Filing of long pending labour case in high court for relief

Shashank Pandey (Querist) 17 March 2019 This query is : Resolved
Dear Experts,
I had filed a case for illegal termination to the labor department and a conciliation meeting was also held in mid-2018, the labor department had reported that the termination is indeed illegal in violation of I.D. Act, 1947 however, the meeting failed due to lack of knowledge of employer and poor conciliation. The labor department issued letter that seek relief from the labor court. Subsequently, I filed case in the labor court but the case is pending till date because presiding officer is not appointed after the retirement of previous officer since 2017. After waiting for so long, the case is still pending and there is no information about when a judge will be appointed. I want to know that whether I can file writ petition in high court directly under article 226 for relief and getting justice?

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Isaac Gabriel (Expert) 18 March 2019
If the management is private, you can file case before athority under the shops and establishment Act.

Dr J C Vashista (Expert) 18 March 2019
Approach concerned State Labour Commissioner (appropriate government) for a reference to PO Labour Court/Tribunal.

Guest (Expert) 18 March 2019
Well Advised by Expert/ Advocate Mr.Isaac Gabriel

Shashank Pandey (Querist) 18 March 2019
Thank you Mr. Gabriel and Dr. Vashista for your advice. However, the employer is a state government body and not private so maybe I can't file case under the shops and establishment Act.

P. Venu (Expert) 18 March 2019
You can move the High Court under Art. 226/227.

Shashank Pandey (Querist) 18 March 2019
Thank you for your advice Mr. Venu sir.

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