Hello,
I am fighiting a case in labour court against employer who had illegally terminated me without giving an experience certificate. Since i didn't get experience certificate, i was unable to get a new job and it has been more than a year, I am still unemployed. In my statement of claims to court, I added compensation for harassment, mental agony and loss of career as my multiple attempts to get expereince certificate was denied by employer and this action of employer has caused irreparable loss to my career.
But my lawyer is saying that labour court don't have jurisdication to award compensation. Labour Judge can only give your job back with full salary backwages.
1) Is it true that labour court can't give compensation for harassment and loss of career?
2) If i challenge the labour court judgement in high court, will i get compensation there? Will high court have jurisidiction to award compensation in this case? How long will high court take to give the judgement?
Please reply
Regards,
Sachin
Yes, the Labour Court is not vested with power to award compensation for pain, harrassment and mental agony. In case of termination, the Labour court can grant reinstatement along with back wages and other fringe benifits or compensation in liue of reinstatement. However, in case, the termination is found illegal, the workman can file civil suit claiming compensation for his pain, harrassment and mental agony sufferred on account of his illegal termination. Until termination is held to illegal by the competant court, such civil suit would be premature . The workman can directly file civil suit, if he is not claiming reinstatement for his pain, harrassment and mental agony.