Labour court didn't used its powers
Navin Pandya
(Querist) 26 December 2013
This query is : Resolved
Namaste.
Kindly clarify and advise:
1) Even though Labour Court has powers to try criminal offence, the Court denied to use it against the Respondent for misrepresentation despite demand by the Complainant, which led to miscarriage of justice to the Complainant.
2) The Labour Court did not combine/include other provisions/sections in the ongoing application after the further issues developed after the main application.Despite the Complainant's matter in the Court, the Respondent dismissed the complainant, without Notice & Notice Pay in the most unjust manner without the Court's permission but the Court didn't question the Respondent for such illegal act but rejected the Complainant's application to add another concerned provisions of the IDA and provide relief to the complainant.
3) The Labour Court didn't direct the Respondent to produce the Resolution of the Board of Directors, pleadings signed according to the order No. XXIX of the Civil procedure Code and the Power of Attorney in favour of a person signing the Respondent's pleadings.
Under the circumstances, is the judgement of the Labour Court valid?
Best regards,
Navin Pandya
T. Kalaiselvan, Advocate
(Expert) 27 December 2013
An appeal before the appellate court will be the best solution for the relief sought for.
