suresh nair
(Querist) 24 February 2012
This query is : Resolved
Does an appeal filed against the certified standing order after a period of 30 days have a legal standing?
Raj Kumar Makkad
(Expert) 24 February 2012
Delay can be got condoned in the interest of justice if the legal right of any party exists.
adv. rajeev ( rajoo )
(Expert) 24 February 2012
there is a provision to condone the delay on resonable grounds.
ajay sethi
(Expert) 24 February 2012
What is the reason for delay?what are facts of yor case
suresh nair
(Querist) 24 February 2012
The management wanted some modification in the current standing order which was allowed partially by the certifying authority.They went on appeal and at the same time implemented the changes pending the appeal.By the time the unions counter appealed, the period of 30 days had elapsed.Hence this query.
Rajeev Kumar
(Expert) 24 February 2012
Delay can be condoned on reasonable grounds
Guest
(Expert) 24 February 2012
What is the link between the appeal by the individual charged worker under the existing approved provisions of standing orders and the pendency of official process of modification of the standing orders on approval by the certifying authority and thereafter contest by the union?
The individual worker has to follow the existing provisions of the already approved standing orders rather than waiting for the finalisation of the modification process, which may even take months and years together till consesus is arrived at between the management and the union.
prabhakar singh
(Expert) 25 February 2012
You mean there is appeal by management for partial rejection of modifications proposed but they have implemented those allowed meanwhile and then after implementation the Union has filed or thinking of filing cross appeal against those sanctioned and implemented but thirty days period allowed for appeal has elapsed.????If this is your query what i have understood,the appeal may be filed along with application of condonation of delay showing some cogent convincing sufficient reason that prevented the Union from filing appeal well with in time.
Deepak Nair
(Expert) 25 February 2012
Well advised by Prabhakar sir. The delay is usually condoned if the reason for the same are valid and justfied.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup