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S kumar   22 September 2020

Employer not paying notice period salary

Hello Experts,

I have filed a writ petition against my employer as i was asked to resign and notice period salary was not given to me. The employer is an NGO. My lawyer suggested to file a writ petition rather than going to a labour court. I request you all to please help me with this.  After one week of going to Bombay high court my case was filed and all the objections were removed.

I have few queries -

1. How many days it will take to come to the division bench as my lawyer said they first admit the writ petition and then the case starts.

2. Am I right in filing a writ against the employer.

3. What is admission of the case and what they see before admitting the case.

4. If any one is from Bombay High court please let me know after how many days my case will come before the judges, my lawyer says courts will take a lot of time due to corona, May be 2-3 months for the admission of the case.

5. What are the chances of my writ case will be accepted.   

Thanks all in advance



 7 Replies

Advocate Bhartesh goyal (advocate)     23 September 2020

You had to file Petition before Labour Court u/s 33 c ( 2 ) of Industrial Dispute Act.H.C will say to you to approach first labour court.

Dr J C Vashista (Advocate)     23 September 2020

You will suffer at the wrong advise of incompetent counsel.

Change your lawyer immediately.

G.L.N. Prasad (Retired employee.)     23 September 2020

The first thing HC observes while taking up any petition is as to whether the petitioner has explored laid down alternatives and exhausted all the remedies before coming finally to HC.  You have already spent amounts and also might have paid advance fees to advocate.   It is you that has to take a decision after going through earlier replies as no one can guarantee/give warranty on a favorable udgment of HC when the matter is pending with the Court. A prudent man never invests  good money on bad /highly risky things and hunt for free advice after spending such amount.

1 Like

Real Soul.... (LEGAL)     23 September 2020

Since there is no bar to file a writ petition as the Hogh Court is having overall jurisdiction to try any matter legally under procedures filed before it, but it is not proper way.

It is actually you chose a forum which is already  over burdned and costly one, where as you have an option a very best option to file petition before the labour court. 

It is better to withdraw the WP from high court with permission to file before the appropaite court to get quick releif.

By approaching  to high court initially would contract your further remidies .

1 Like

P. Venu (Advocate)     23 September 2020

Yes, it is unwise to seek remedy through a Writ Petition against a private employer, that too, in the Original Side of the Bombay High Court.

1 Like

S kumar   25 September 2020

Dear All, 

Can I withdraw my petition , it has not come before any judge. It's still pending for the admission. 

Spoke to my lawyer he says the Article 14 and Article 19 has been violated  so the high court will listen since it's a Fundamental Right violation. 

But I really wish to withdraw after hearing you all. 

Ritesh Maity (Labour Law Advocate)     29 September 2020

I do not think High Courts have jurisdiction to hear your issues since there is specific forum to adjudicate the same. As already advised, you may approach the labour court. 

1 Like

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