ranjan (software engineer) 01 November 2009
Dear All
when we file writ petition against the order passed by the labour court, we have to make labour court also party, apart from the employer or we can file writ petition making only the employer as the party. what difference it will make in either case?
regards
Ranjan
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 02 November 2009
Practically there is no difference between the two situations but if we make the labour court as one of the parties then also writ is heard through employer as the respondent.
A V Vishal (Advocate) 02 November 2009
No you can appeal against the order of the lower court, you cannot make it a party in your writ.
PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 02 November 2009
AN APPEAL ALWAYS ON IMPUNGED JUDGMENT/ORDER NOT ON COURT/MAGISTRATE OF LOWER
Ashish Ovalekar (Manager Legal & Compliance) 02 November 2009
Dear Ranjan,
Adding the Lower Court as a Party Respondent, is normally done a a procedural aspect, mostly to enable the Higher Appeal Court to know the details of the Lower Court. Even though pleadingas are made against the Lower Court Judge, the same are defened to and replied by the Other respondents to the Writ.
Even in challenge to the Order of the Lower Court, it is always addressed as Hon;ble Court, or Learned Judge.
You can also avoid having the Lower Court as a Party Respondent, but you cannot avoid having the other respondents to the Suit.
Ashish
PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 02 November 2009
WELL SAID ASHISH
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