Illegal termination of employment

Question

A case is pending in Hon’ble Labour court under industrial dispute act. Hon’ble Court has framed 2 issues
1 Whether the employee proves that he was illegally terminated by the employer?
2 Whether the employee proves that he is entitled to claim the relief on reinstatement with back wages as prayed?
3 What order.

Request your kind help with below questions.

The case is in evidence stage.
1 Can email communication print between employee and employer be submitted as evidence without 65 b certificate.
2 Does the 2 nd issue means or implies ‘whether employee is a workman or not’?
3 how employee can seek certain documents from employer to prove termination was illegal as the employee doesn’t have access to these documents?

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Answer ( 1 )

  1. instalegal
    0
    2021-07-10T18:39:12+05:30
    Reply

    1. Yes, since the labour court doesnt require proof beyond reasonable doubt and it basis its decisions on preponderance of probability so if you are able to substantiate the evidence by statement of witnesses, the court may admit such evidence without section 65B certificate as the witnesses would have stated verbatim content of the mails.
    2. no it only means whether illegal termination should be set aside.
    3. an application before the labour court asking the court to direct the employer to produce such evidence as necessary can be filed.

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