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Pradeep (na)     09 March 2021

Re-do of cross examination

Dear Learned lawyers,

   My friend was harassed and illegally terminated by a MNC IT co. (He tendered resignation citing harassment as reason, hoping the serious matter will be escalated and HR would probe the matter, however, on technical grounds his resignation was wrongfully accepted and hence he was illegally terminated w/o a probe into repeated harassment) 

1.   The matter is in labour court and he was handling 'in party' w/o any lawyer's help.

2.   The company did not respond to my friend's charges & allegations

3.   The judge orders the case be referred for 'ORDERS', however, company objects and my friend is called for another hearing

4.   The judge says that my friend be cross examined by co. and judge says this is beneficial to my friend, he also assures that co. will not be able to drag my friend to higher court.

5.   My friend is not happy with cross examination, even though he repeatedly mentioned to hon. judge that he quit citing repeated harassment as reason with proper evidence, however, that has not been recorded in the court documents file. Also some evidences of serious wrong doing has been omitted from the court documents file. For example first 4 annexure of the affidavit are missing when my friend took 'certified' copy from the court office. 

6.   My friend is shocked is extremely sad / confused , he has been fighting the case since 2.5 years.

7.  The judge who recorded the cross examination has been transferred and new judge has taken over.

8.  I have advised him to hire a lawyer from some NGO as my friend is short of funds and is living a economically stressed life. 

9.  Can my friend point these anomalies 'to the new judge and request RE-EXAMINATION and make previous CROSS EXAMINATION 'null & void'  Can he complain about missing evidences ? If So to whom ? 

Your replies will be appreciated 

Any advice or  Tips and tricks please. 

Thanks in Advance

 



Learning

 5 Replies

G.L.N. Prasad (Retired employee.)     09 March 2021

Your friend may file any petition, and depending on such counter/reply depending on facts if there is really any miscarriage of justice, the Court may permit though such chances are remote.  A lesson for those overconfident persons that they are better than professionals, though advocate has nothing to do with cross-examination by Management and cross-examination depends on only the original petition and facts.

Surprising the person who is fighting as a party in person depending on his friend for soliciting guidance from this forum. However mere consultation may not cost him heavens, your friend may obtain such copies of his proceedings and may consult an expert advocate who is well versed with labour law, to explore possibilities for corrective action if any.  This is more proper as those that are material are taken into consideration if not supported by documentary evidence.

1 Like

Pradeep (na)     09 March 2021

GLN Sir, Thanks for the reply & suggestion. 

My friend was guided by lawyers earlier, but after key evidences (annexures went missing and not recorded in court file, he is unhappy and confused) He is hiring a lawyer in next few days, The missing evidences / annexures are key to the case (Illegal termination & harassment proof). 

Thanks again 

Pradeep

Ritesh Maity (Labour Law Advocate)     10 March 2021

Better consult a lawyer, show him all documents and case records. It will be really difficult to understand the factual aspect without seeing the case records. 

1 Like

P. Venu (Advocate)     10 March 2021

May be a good story. But facts are less then convincing. What is the problem if resignation was given and it was accepted?

Pradeep (na)     11 March 2021

Dear Sir, Resignation was tendered with 'Repeated Harassment' as reason , first principles of HR management does not permit such resignations be accepted HR is not robotic process, HR should probe the matter and take appropriate actions, HR's first job is to reject such resignation and set in probe into the matter.  My friend has all documents  Thanks for your reply. 


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