No salary from company since 4 months and judge is biased .

Querist : Anonymous (Querist) 04 August 2017 This query is : Resolved
We( 5 People) were Working in a company of Delhi.so Our 4 Months salary (Salary is incremented by company but they did not transferred it to our bank account ) is Due.So we have already filled a Case in Labour Court. Now judge is biased he not listening us.he is harassing us in Court. We have all the evidence, Papers,Proofs, Even Company is accepting we are there employee.but they are not accepting incremented salary Last year another judge passed the order with incremented salary + 50% penalty on them. Now company is applied for "Set Aside Order". Later we get to know about it. now again our case is starting from beginning. Now judge is transferred new judge is biased. he accepting and listening only company. Now he is saying just compromise on old salary( no penalty fee + No Increment + No full Payment ......etc ).. But we want incremented salary. please let me know what should we do. I am from Delhi.

Case Details :
1- Case filled in labour Court on October 2015.
2- Labour Court Passed the order against company with 50 % Penalty on company with incremented salary on March 2016
3- Case moved to civil court for recovery
4- Set aside order on November 2016.
5- Old Judge Transferred
6- New Judge is Biased
7- Judge is saying we will transfer you case to another state because of judicial is not in delhi . even company Head quarter is in Delhi. we Worked in another state. if judicial was not in dehli. then what we were doing in labour court since 1 year. Why did you accept the Case.

1- Can we transfer the Case in Civil Court.
2- Can we do something against Judge
3
4- Any suggestion. please help us.

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Ms.Usha Kapoor (Expert) 05 August 2017
You move an application in labor court in Delhi for transferring the case to another judge for hearing on the ground of current judge being biased towards the management.Your previous judge's orders with incremental salary + penalty on management at 50% rate etc might be restored.

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Querist : Anonymous (Querist) 05 August 2017
HI Mam,
Our Case is in Hari Nagar Labour Court. So should we submit Application in same court. To whom this Application should submitted . Or should we send it by post or hand over to the judge. I am confused.

Second thing Now Order already is set aside Order. So Is it possible that penalty and increment salary can no remove. but this judge already removed both Because of we did not received incremented salary in our Bank account. We only have Increment Letter.
Thank you so much Mam for fast reply.

P. Venu (Expert) 05 August 2017
You need to move the High Court under Article 227 of the Constitution. However, this could be bit expensive.

Rajendra K Goyal (Expert) 05 August 2017
No reply to query from an author who is anonymous.

You can post the query in fresh thread with your identity and material facts.

Ms.Usha Kapoor (Expert) 14 June 2018
I stick to my above view.

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