Mahi 13 February 2017

Can high court give direction and interim relief if ?

Hello to all,

This post is in continuation to my last posts and Mr.Kumar Doab knows better ,please clarify and little guide me on following

1-My case proceedings before the lower labour court are extremely slow, two years have been passed and nothing's moving.

2--My case is of punitive transfer with change in designation to lower rank , that too during the pendency of legal proceedings and employer is totally adamant ,bent upon to victimise me at any cost.

3---Can I approach high court seeking direction of time line to decision.

4--Can I seek interim relief from High court stating my wages are stopped and really hand to mouth to survive my livelihood,as transfer order prime facie is malafide with change in designation to demotion and that too during the pendency of legal proceedings.Can I substantiate before high court that employer motive is to victimise and break me financially and using delay tactics and delay in justice can ruin the life of workman without wages.

Regards

mahi

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7 Replies

Ritesh Maity (Labour Law Advocate) 13 February 2017

If your case is running in the labour court (though two years time is nothing), there is no bar for you to seek interim relief from the High Court. This is a general statement in case of labour cases and it may vary from case to case.

Mahi 14 February 2017

Dear Ritesh G, Thanks to a great measure and at the same time kindly me followings

1-My Case under ID act 1947 is before the labour court is at preliminary stage and even we have not submitted our WS , proceedings are going on our application of representations of paries and court is extremely slow (two years have been passed)

2-I am looking out for interim relief of survival of livelihood or speedy up of case hearing , what is your personal experience of getting this relief from high court will be entertained and given .

just share the same and guide me.

Regards

Ritesh Maity (Labour Law Advocate) 14 February 2017

1. If you have filed the case two years back, why have you not filed your own written statement? Have you filed any application for debarring the appearance of lawyer from the side of the opposite party?

2. I cannot give/ share my personal opinion without going through factual aspects of the case as well as scrutinizing each and every document. You can seek interim relief before the High Court depending on your case's merit. But I do not think your petiton for speeding up the proceeding will be entertained.