Compensation, gratuity

SAM KOSHY (Querist) 13 March 2008 This query is : Resolved

One pvt Ltd company with about 3000 workers closed during the year 1984. So many cases are pending in High Courts with the mgmt on the first part & state govt. on the other part. So many other cases are proceeding in the Mumbai high court also. Everybody Know there is no chance to open the company again. Actually the company is closed during financial liablities and employee strike.

Cases are running & pending since 1984 ( Around 25 years).

As a poor employee what can I do under this situation for my gratuity and other benefits.I have 17 years service with the company.

When an employee approach a lower or high court at last the judge's judgement will be like this '' the case is already in the consideration of high court''.

In India If you put around 10 cases againist one case nothing will be going to be happen for the next 25 years. is it true.

If a state govt also included in the case then what the employee will do ?

S,K,

Follow Query

Report Abuse

Kalpana.S (Expert) 13 March 2008
It is true that in India it takes a hell of a time for disposal of cases. But the fault is not on the courts. It is because of various other reasons too. The judge-people ratio is the worst in India when compares to other countries.

At the current speed, the lower courts, may take 124 years for clearing 2.5 lakh cases.

In the last seven years, the disposal rate has increased by 48 per cent in the high courts and by 28 per cent in the subordinate courts, but the pendency has increased. Thus, it is the system (and not the judges) which is at fault. Unless the disposal rate improves, the backlog will keep mounting. To make rule of law a reality, the arrears will have to be reduced.

The ratio of judges per million population in this country is the lowest in the world. The population and judges ratio in India is 13.5 judges per 10 lakh people as compared to 135 to 150 per 10 lakh people in advanced countries. The ratio of judges per million of population is about 58 judges in Australia, 75 in Canada, 51 in the UK and 107 in the US. Due to this low judge-population ratio, the courts are lacking requisite strength of judges to decide the cases.