Interim relief application during pendency of a labour case
Querist :
Anonymous
(Querist) 08 January 2012
This query is : Resolved
In a 4 year old labour case of illegal termination at the stage of cross examination of management evidences,lower court have disobeyed order of high court in which HC has directed it to solve the case before 31/12/2011 during disposing of writ petition by management who was charged for contempt of order of High court of not to take adjournment in lower court when hearing of writ petition is going on in HC and asked the workman lawyer what workman want to purge the contempt.
In its reply workman only requested HC for early disposal of his case to purge the contempt of management who is continuously delaying the case and creating hardship for him and his family consisting of his unemployed wife and two public school going children.
Now my question is if lower court can disobey high court order where faith of a common man towards justice in this country
will go ? Will it not lead to a situation in which common man will become judge of his own and resort to those barbaric action that took place some year ago when MD of a company was brutally killed by terminated workers who were unable to feed their family?
Is it not the duty of court after calculating the time period and condition of workman that he should be given some interim relief to overcome his hardship if management using money power and reputed lawyers is stretching the case on one or the other legal grounds and court keep on giving dates as per their convenience ignoring the condition of already ailing workman.
Is there any way in which workman can put his request that court should now grant him some relief otherwise either he had to bend in front of his employer or have to take law in his hand since law is in hands of corporates.
Raj Kumar Makkad
(Expert) 08 January 2012
Unfortunately this situation is seen in various cases and a general litigant has to face all this because he has no other option but to face this. Alternates are not so effective so as last ray of hope, one has to wait for the verdict of the courts though some time delayed verdicts lose its significance.
In one case, workman had to commit suicide because he could not repay his loan during his illegal termination period. The day his last funeral was going on, court verdict came out in his favour for reinstatement on service with 1/2 wages.
What is this mockery but no option but to continuously pressurizing the trial court to decide the case at the earliest in view of verdict of high court.
