Legal Question in Employment Law in India

Re: writ petitionin High Court

A writ of certiorari may be filed before High Court u/a 226/227 of the Constitution of India challenging the award if the misconduct was appropriately established before labour court. The high court may set aside the award; but during the pendency of the case you may need to make payment of last drawn salary u/s 17B of I.D.Act.

Re: writ petitionin High Court

Perusing the facts of the case, High Court may or may not accept the plea of employer. High Court reserves its right to set aside or not the order of the Labour Court. In case the order of Labour Court is suspended, Employer has to make payments to worker as per his last drawn payment. Rest on the proceedings in High Court.

Re: writ petitionin High Court

the HC would not re appreciate the evidence already led in the lower court but would entertain the petition on the points of law. you will have to prove that the judgment passed by lower court is not in accordance with law and you will have to substantiate the same with the help of judgments. it is advisable you mail the judgment for better opinion.