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sanjay (technical support)     26 April 2011

please clearify

Dear Experts

when high court issues a writ of mandamus to reinstate employee by setting aside the previous order of labour court under supervisory jurisdiction in article 226 of constitution. if direction issued by the high court is not complied then whether employee has to approach labour commissioner as per section 29 of the I.D Act or he can file directly contempt of court case in high court as the direction for reinstatement is in the nature of writ by high court.



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 2 Replies

Arvind Singh Chauhan (advocate)     26 April 2011

He should directly approach to High court for contempt and to teach responsible authorities a lesson. But be confirmed, whether any appeal has been filed aginst the order of High Court.

sanjay (technical support)     26 April 2011

Thanks for the reply

   sir u say employee has to approach high court for contempt of court, but  judge says that employee has to go through as per section 29 of the i.d act even though the direction and relief totally moulded by high court under supervisory jurisdiction, in the form of writ, whether this view is correct as it differs from ur view.


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