Salary not paid. dgm : p. & a.
harendrasinh
(Querist) 21 April 2017
This query is : Resolved
I filed the case Under S -33C (2) Recovery.
Labour Court vadodara has given the Ex-patre Judgement in favour of me, only once written statement submitted by them, stating that this court has no jurisdiction and applicant is not coming under definition of worker.
2. After Verdict Co. filed re-opening of case under Sec- 26(A). Co. Lawyer has Submitted H.C.& SC Judgements stating that Labour Court has no power to decide Bonus and when applicant status of worker is a dispute. Guj HC 2005 LLR-87,Guj St. Vs Devji
bhai tapubhai. SC{C.A. No.6550/99 dt.14 Nov 2000, SBI Vs Ramchandra Dubey & Others.
3. besides under S-10(1)of 1947, Applicant has to prooved his Pre-Existing right.
4. Has labour court given the right Judgements, first in favour of me and later
in favour of Opponent.
5. Opponent submitted the reply in first hearing but later not represented by Lawyer or self.if labour court has no power than why took the case in his court being a judge,wasting of time.
6. Now should i file a Suit in Civil District or Labour Highcourt and under which Act & section, pl guide me.
Harendrasinh.
T. Kalaiselvan, Advocate
(Expert) 09 May 2017
If the labor court had no jurisdiction it would not have proceeded to pass exparte order on your petition.
You can file execution petition in the same court which has passed the judgment in your favor.
harendrasinh
(Querist) 09 May 2017
Sir, Please explain in detail about execurion petition as i am not aware.
Right now i am in Canada, i will go to India in the Month of Sept 17, may i file with delay the Execution petition.but pl give a hint about this.
harendrasinh.
