Interim stay expiry - cause of action
A case moved to Madras High Court from Labour Court on account of grant of interim stay on November 11, 2017. Stay expired on account of six-month deadline set by the hon'ble supreme court in Asian Resurfacing of Road Safety Agency versus CBI case.
Labour Court asked parties to the suit to report subsistence of stay on December 1, 2018. After the appearance of parties to the suit, Labour Court said 'NO STAY as one year has passed since the original stay date, viz, Nov 11, 2017'.
Labour Court put Feb 2, 2019, as date for PW1 cross at which point the stay was obtained originally. Respondent avoided cross examining the witness. Suddenly, on February 19, 2019, the respondent produced an web order copy from the Madras High Court reviving the stay from February 18, 2019, onwards.
My question is was there a CAUSE OF ACTION on Feb 18, 2019, for the Respondent (petitioner in High Court) to seek stay revival after attending the proceedings at the Labour Court. Is Madras High Court right in reviving the stay knowing fully well that the Labour Court had ceased of the matter from December 1, 2018 onwards, on the direction of Hon'ble Supreme Court.
What is the timeline for this Stay Revival Order. Does six-month deadline apply for this too? If yes, when will this stay expire?
Thanks and regards,
S. Madhavan