Bombay Shops & Estd Act
Chetan
(Querist) 22 April 2010
This query is : Resolved
My client owned a Cloth stores... Recently he removed the labour without issuing any prior notice to him on the basis of misconduct..
The labour filed the case before the Govt. Labour Officer who summoed my client .. we had filed reply as well as the NC report lodged against the labour about his misbehaviour... but the labour officer wants to examine the records which were not properly maintained by my client...and recently the labour had filed the application under Sec. 2(f) of ID act for refer the matter to the Labou Court
(The case is of Maharashtra State)
Pls guide what I have to do ?
Raj Kumar Makkad
(Expert) 22 April 2010
The record has nothing to do with the misconduct of the labour and his dismissal on this ground.
You should properly file the reply to the application filed by him and should take the firm stand thereon but if the matter is referred to LC even then do not lose your mental order. The case shall go to Labour Court which may take 6/7 years and no unemployed labour can generally bear such long litigation hence the matter may be presumed to be decided.