Rama mohan Acharya (Manager HR(Legal)) 01 August 2012

Judicial discipline

The case in brief is that the Industrial tribunal passed an award holding the applicant as the employees of the establishment and directed to regularised them(they were contract labours) without back wages. Management preferred a Writ in high court challenging the award. Simultaneously the union has also filed a writ for back wages. Both writs are pending for disposal without any interim order. After few days union filed an application before the RLC(c) for implementation of the award.RLC(C) started discussion with both parties. Again after few days union filed another application before RLC(C) u/s 33C(2) of ID Act. My querry is whether the RLC can conduct proceedings while the very award is challenged by both parties in High Court? If no, any citation, rule position may please be provided & oblige

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2 Replies

darshana sawant (associate consultant) 03 August 2012

dear mr acharya,

Once the award is challenged in the court of law, it cannot be enforced by the ACL. Have you obtained a stay on the operation of the award, even otherwise, once the matter is subjudice, implementation of that award will be illegal in the eyes of law. Hope you hve informed the ACL about the award being a subject matter before the writ court by obtaining their acknowledgement

Rama mohan Acharya (Manager HR(Legal)) 03 August 2012

Thank you veruy much dear Darshana. In fact the writ has been fixed for final hearing with the consent of parties. There is no stay granted in light of that. The matter has been brought to the record before the RLC. However he is more interested to have some citation on the subject so as to close the file. May I request U to provide the same, if u have.