Kanta Malini M N 30 September 2022

Can reference case under id act be withdrawn with liberty to file afresh

Under ID Act, employee illegal termination case has been referred (REFERENCE) by the Labour Dept to the Labour Court for adjudication. The Claim statement is full of errors and so it cannot be amended. Can the REFERENCE case be withdrawn with liberty to file afresh with same cause? Some advocates have said a REFERENCE case cannot be withdrawn - so please clarify.

Reply Follow

Quick Summary

This discussion explores whether an employee's illegal termination case, referred to the Labour Court under the ID Act, can be withdrawn with permission to refile. The claim statement is reportedly flawed and unamendable. While some suggest reference cases cannot be withdrawn, others indicate it might be possible, though liberty to file afresh is not guaranteed. An alternative might be amending the existing claim. The process of withdrawal could also involve reverting to the competent authority, potentially causing delays.

4 Replies

Sourav Das (Advocate Supreme Court of India) 30 September 2022

Yes, it can be withdrawn. However, court may or may not grant liberty to file afresh.

Dr J C Vashista (Advocate) 30 September 2022

Instead of withdrawal it may be amended.

Kanta Malini M N 02 October 2022

So Sir, just want to confirm that "withdraw to file afresh" is not an option for "REFERENCE" case in labour court, is that right?

Dr J C Vashista (Advocate) 04 October 2022

The reference has been made by Competent (state) authority on the basis of decision of Labour Commissioner, hence withdrawal of the statement of claim filed by the workman would have to revert back to competent authority for consideration and re-submit the reference, which may not be permitted, besides the fact it would consume lot of time and efforts.

However, it would be appropriate to consult a local prudent senior.