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thedon (owner)     04 January 2017

Age bar criteria for labour court disoutes?

Its related to my previous query

 

can anybody tell me age bar criteria for labour law caourt case ,where employee was termiated in co-op socity?

 



 16 Replies

Ritesh Maity (Labour Law Advocate)     04 January 2017

Dispute related to termination of an employee if such employee is a 'workman' can be dealt with Industrial Disputes Act. There is no age limit anywhere.

If you mean time limit to raise the dispute, then there is 3 years time limit u/s 2A(3) of the ID Act for filing the case before the Labour court. 

advocatepassy@gmail.com 971794 (Advocate)     04 January 2017

please narrate the facts properly.

 

Kumar Doab (FIN)     04 January 2017

Post the full facts of the matter.

The Supreme Court has held that: It is not open to the government to go into the merits of the dispute and once it is found that an industrial dispute exists, it is incumbent on the government to make a reference. It is for the appropriate court or forum to decide the same. If adequate reasons are shown, the government is bound to refer the dispute to the appropriate court or forum for adjudication. 

 

 

 

Sudhir Kumar (Retd Govt Officer)     04 January 2017

vague query

Kumar Doab (FIN)     05 January 2017

If you have posted earlier it was better to post in the same thread.

Post full facts of the matter.

thedon (owner)     08 January 2017

sorry

its related to https://www.lawyersclubindia.com/forum/Re-open-old-case-143403.asp

Ritesh Maity (Labour Law Advocate)     08 January 2017

As per the other other thread, you have mentioned that"

My father got terminated in 1983,he ran case till death by 2002 under ahmednagar and aurangabad labour court
 

1983 - Termination of Father

2002 - Death of father

2004 - Mother closed the case (as per your statement)

From the descripttion, I assume that your father filed a case for termination for service before the Labour Court/ Industrial Tribunal in 1983 seeking relief of reinstatement and backwages. During the pendency of the case your father expired in 2002. So question of reinstatment goes away and only backwages remains. In 2004, your mother closed the case when you were 21 years. So at the time of death of your father in 2002, you were 19 years old, a major. After the death of your father in 2002, all the legal heirs (mother, you and other sibilings, if any) were required to be subsituted. Was that done in 2002 because when you mother 'closed the case' in 2004 signatures and approval of all the legal heirs were required. What was the factual situation after the death of your father?

Moreover, there is no legal term as "closed the case". The case can be mutually settled, or due to no appearance of the workman "no dispute award" was passed. Depending on how the case was closed further advice can be given. Even the copy of the final order/ judgement/ setttlement is required to be studied before providing further advice.

From your factual imputs, I do not think you have good grounds to reopen the case. 

 

 

 

Kumar Doab (FIN)     08 January 2017

If you have obtained copy of the judgment and all related documents then post these.

thedon (owner)     09 January 2017

Hi

if mother did not keep me in loop while closing case andI was not in native place then?

thedon (owner)     09 January 2017

Hi

if mother did not keep me in loop while closing case and I was not in native place then?

Kumar Doab (FIN)     09 January 2017

Ifs and buts may never end.

Examine case file and Obtain copy of all demand notice,affidavit,reply of OP, notings, settlement, notices  etc from labor Court and show these to a very able counsel specializing in Labor/service matters.

Ritesh Maity (Labour Law Advocate)     09 January 2017

Originally posted by : thedon
Hi

if mother did not keep me in loop while closing case and I was not in native place then?

IF the mother did not keep you in loop while closing the case, then the mother has not only suppressed material facts by not declaring the details of legal heirs but has also committed an office if she has declared it on oath. For that reason only the mother is liable to be prosecuted. 

Your geographical location is immaterial. 

thedon (owner)     10 January 2017

sorry cant prosecute my mother

target is fathers case

Ritesh Maity (Labour Law Advocate)     10 January 2017

I guess you have got enough suggestions here. It will be more appropriate for you to consult a lawyer with all documents which you have not come up with in this forum


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