Should I file Contempt petition

Question

Hello

1.My case in Labour court based on Reference from Labour commissioner office.
2.Labour court rejected company application to frame preliminary issue on maintainibility of Reference claiming I am not WORKMAN and labour court has no Jurisdiction.
3. Company filed Writ Petition in High court to quash Labour court Order. High court passed order asking Labour court to frame a preliminary issue on maintainibility of Reference that I am not a workman since company challenges the Jurisdiction of Labour court.
4. Now matter was remanded back to Labour court by High court with above instructions. The case was filed by myself, BUT AS PER SETTLED law if any party challenges the Jurisdiction of any court than that party has to prove it. Here too company challenged the Reference validity and Jurisdiction. So Labour court Judge asked company to lead evidence and prove that I am not workman and framed a issue in that way and as per High court direction.
5. Surprised by this, Company denied that they had challenged the Reference in High court. High court Order is error. Asked Labour court to Recast the issue asking me to Lead evidence and prove I am workman.
6.This is FRAUD first company challenged the Jurisdiction of Labour court to hear the Entire Reference, made a presentation accordingly in its Writ Petition and Got the Order from High court accordingly based on its challenge.
7. Now to neutralize the negative effect of High court Order company made false statement, by rejecting the basis of securing a order from High court, in Labour court again to get a favourable order so that it does have to lead evidence for its claim made in High court.

So company is making different statement in different court so as to secure a favourable order for itself. High court Order clearly says Labour court to frame a issue on maintainibility of Reference , but still company objected and asked Labour court to not frame such issue so that they don’t have to Lead evidence.

Now My question is Should I file CONTEMPT OF HIGH COURT ORDER against Company.

The company has already secured a favourable order for itself in labour court based on false statement,

Now even if Labour court changes its Order after knowing this fraud of company and implements directions given in High court order can CONTEMPT PETITION still be valid since High court order off late is followed (although company openly disobeyed the High court order for its benefit and misled Labour court).

Please advice

deepak21 1 Answer 305 views
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Answer ( 1 )

  1. instalegal
    0
    2020-12-01T10:52:05+05:30
    Reply

    Yes, you can file a contempt petition if the company has not got the Order modified from the High court where the Labour Court was directed to frame the issue. The Company approached the High Court and sought to lead evidence that the person approaching the Labour Court is not a workman so the onus lies on the Company to prove that you are not a workman and hence Labour Court does not have jurisdiction.

    Irrespective of the fact that the Labour Court has passed any order, the same is on misleading and false statement and hence labour court will have to rectify its mistake, or you can challenge the favourable order passed by the Labour court before the appellate authority.

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