Raising of fresh petition in industrial tribunal after quashing of writ petition in high court
C Mohan
(Querist) 07 April 2016
This query is : Resolved
Sir, it is stated that a writ petition was filed by me in the year 2009 for my illegal termination in High Court of Delhi. The same was put in "Rule" category after sometime of 2009 itself. I have also filed application for urgent hearing, but the request was not conceded by Hon'ble High Court and the WP was remained in "Rule" category.
Now in last month, I was able to quash WP of 2009 and granted liberty to file the petition in Industrial Tribunal. Sir, my one request is that opponent advocate raised an issue during the said hearing in the court that he will oppose petition -
(a) if filed in Industrial Tribunal for condonation of delay for the period from 2009 to 2016 and
(b) also oppose to file the same in Industrial Tribunal.
In this regard, it is stated that it is a fact that in so many occasions our office workmen cases were won by them in Industrial Tribunal and were challenged by Management in the High Court.
Kindly advise on above two issues please whether condonation of delay on the plea that "WP was pending in "Rule" category in High Court for so many years and urgent hearing was also rejected can work or condonation will not be given by Industrial Tribunal in the case.
R.K Nanda
(Expert) 08 April 2016
depends on discretion of tribunal.
Rajendra K Goyal
(Expert) 09 April 2016
Full case file need to be referred, discuss with some senior / your lawyer.
P. Venu 
(Expert) 09 April 2016
If the WP has been dismissed with the liberty to approach the Tribunal, the objections of the opposite council is unlikely to be accepted.
C Mohan
(Querist) 11 April 2016
Venu Sir, Hon'ble Judge quoted -
"In view of the application, the petition is dismissed as withdrawn. However, it is made clear that the Industrial Dispute to be raised by the petitioner shall be decided in accordance with law."
Sir, keeping in view kindly advise possibility of condonation of delay and acceptance of petition by Industrial Tribunal please.
