Komal Gawas 27 May 2020

Industrial Dispute case

Respected sir, a case is related to my friend father. On 2009 he is dismissed from employer company without giving showcause notice or chargesheet to employee due to leave on duty for medical problem.when he is dismissed a case is filed before labour court but his counsel not done his efforts best on behalf of employee not even cal him to any hearing so the court passed a decree exparte. Because of these reason employee is appeal before high court on 2012 his advocate has to filed a case before high court but still now 8 year passed he is not taken further action even not cal him any hearing. So sir kindly give us suggestion what could employee do.

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3 Replies

Advocate Ganesh Ram 28 May 2020

dear Sir

I'm sorry to hear that the case has gone exparty.. the process can be speeded up by filing a separate petition ..

for further queries contact me at ganesh555ram@gmail.com

Ritesh Maity (Labour Law Advocate) 29 May 2020

It is your case, and you should also take necessary care of it by knowing the next date of hearing and going to courts. You should not blindly blame your lawyers.

Anyways, long time has passed. From your post it is understood that in 2009, the case of workman was dismissed exparte (hopefully not on merit) and thereafter the workman moved to High Court in 2012. Since you have already moved before High Court, it is better to get advice from the lawyer conducting the case at High Court.

Delays may occur for various reasons and not only due to lawyers/ courts.

If you wish to have a second opinon, it is advisable to consult with a lawyer with all papers (all documents related to labour court case/ ex-parte order of labour court/ application before the High Court etc.)