Court is of the view that the
petitioner has approached the wrong forum to seek the execution of the
award under the instant writ petition ... wrongfully initiated the instant proceeding under the writ jurisdiction of this
Court as there are efficacious and alternative remedies available before the
appropriate forum. This
claimed by the
Applicant Union.
***
H. The contents of Para H are wrong and denied and it is
reiterated that the workmen of the Respondent ... wrong and denied. It is
submitted that the Respondent No.1, Authority under the
Contract Labour{regulation & Abolition) Act,1970 is a
judicial forum
further submitted that the declaration of NPA, whether rightfully
or wrongfully done, is completely under the purview of DRT for which the
jurisdiction of Civil ... required to be instituted before the DRT
which is the appropriate forum in the instant matter.
34. It is submitted that the learned Trial Court
days and in the event
of no acknowledgement and no action , this Forum will be
compelled to take this issue of ILLEGALITY, CRIMINALITY
and CONTEMPT ... Vikash
Kumar(CO) in the above letter dated 26.04.2020 has made
wrong averments and allegations regarding the
Corporation/its officials as well as the Management
contention to show how they were pursuing any litigation in a wrong
jurisdiction under bona fide beliefs.
Signature Not Verified
RFA 36/2024
Digitally Signed ... This Court is of the view that merely pursuing litigations before
different forums of law cannot be a ground for condonation of delay unless
This Court is of the view that merely pursuing litigations before
different forums of law cannot be a ground for condonation of delay unless ... records that the concerned party was pursuing the
litigation before a wrong jurisdiction but under bona fide belief. In such
event, due to the said
This Court is of the view that merely pursuing litigations before
different forums of law cannot be a ground for condonation of delay unless ... records that the concerned party was pursuing the
litigations before a wrong jurisdiction but under bona fide belief.
24. In such event
also concealed the fact that respondent no. 2 had approached two
distinct forums i.e., the learned Labour Commissioner and the learned Trial
Court, seeking ... given an opportunity to defend
himself. Hence, the learned Labour Commissioner has wrongly passed the
impugned award ex-parte.
8. In view of the aforesaid
Asian Hotels North Ltd vs Yes Bank Ltd & Ors. on 7 October, 2024
Author
Dr. Snehashish Bhattacharya & Ors. vs South Asian University on 23 January, 2024
Author: Chandra
