Dear Seniors,
Whether there is any time limit for raising the dispute to the ALC under the Bombay Industrial Relations Act?
One of our supervisor was terminated on the ground of poor performance in 2005 & now in 2010 he has raised the dispute with the Asstt. Labour Commissioner. My question is whether he can raise the dispute after five years?
Regards,
Raj_27
From India, Ranchi
1Whether there is any time limit for raising the dispute to the ALC under the Bombay Industrial Relations Act?
One of our supervisor was terminated on the ground of poor performance in 2005 & now in 2010 he has raised the dispute with the Asstt. Labour Commissioner. My question is whether he can raise the dispute after five years?
Regards,
Raj_27
From India, Ranchi
Hi,
Yes he can raise a dispute. These delays can be condoned. ( Can give a proper explnation for delay).
How ever the onus of explaining theauthority / court as why it took so much of time to raise a dipute in a convincing manner lies on the person who has been terminated.
Kind regards
Dayanand L Guddin
From Singapore, Singapore
Yes he can raise a dispute. These delays can be condoned. ( Can give a proper explnation for delay).
How ever the onus of explaining theauthority / court as why it took so much of time to raise a dipute in a convincing manner lies on the person who has been terminated.
Kind regards
Dayanand L Guddin
From Singapore, Singapore
Hello,
Yes, he can raise a dispute on any time even after 15 years. As rightly pointed out onus of explaining the court for delay in raising a dispute lies on the petitioner. In majority of the cases the courts condone the delay.
From India, Coimbatore
Yes, he can raise a dispute on any time even after 15 years. As rightly pointed out onus of explaining the court for delay in raising a dispute lies on the petitioner. In majority of the cases the courts condone the delay.
From India, Coimbatore
Dear Dayanandji & Ramnji,
Many thanx for your views.
The said supervior had never applied for the reinstatement, however he had tried a lot to use the political influence. Whether he can produce the letters from the political leaders as a evidance to prove that he had a communication with the company many times for the reinstatement. Whether the ALC or court of law will admit these letters?
Request your guidence please.
Regards,
Raj_27
From India, Ranchi
Many thanx for your views.
The said supervior had never applied for the reinstatement, however he had tried a lot to use the political influence. Whether he can produce the letters from the political leaders as a evidance to prove that he had a communication with the company many times for the reinstatement. Whether the ALC or court of law will admit these letters?
Request your guidence please.
Regards,
Raj_27
From India, Ranchi
Hi,
The letters from any body apart from the aggrieved party him self will not form any valid evidence. communication.
They do not serve any purpose for him rather may harm him in the legal proceedings.
The courts ususually do not take such communication in to consideration.
kind regards
Dayanand L Guddin
From Singapore, Singapore
The letters from any body apart from the aggrieved party him self will not form any valid evidence. communication.
They do not serve any purpose for him rather may harm him in the legal proceedings.
The courts ususually do not take such communication in to consideration.
kind regards
Dayanand L Guddin
From Singapore, Singapore
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