Pune | 09 Jul, 2021 (2 months, 1 week ago)

Employment and Labour Laws

Issues framed by Labour court

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?
Answers
10 Jul, 2021 | 18:46

1. Yes email communication can be submitted as evidence without the 65B certificate. 2. whether workman or not is a primary question and is sine qua non for the court to decide in order to grant any relief. it is inherent in the second question but I would like to believe that it is something which the court will go into at the very stage of addressing the maintainability of the case. under cpc production of documents is dealt in some order and an application to that effect will suffice.


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