Appeal of Dismissal Based on Unauthorized Petition Filed
Following a review of the evidence presented, the Labour Court Central issued a summons to the defendant dated February 9, 2526, at 9:00 AM, for the court to proceed with further proceedings. The Prosecutor promptly filed a statement of accusation with the court on February 14, 2526, and on February 23, 2526, at 9:00 AM, the parties appeared in court. When the Labour Court Central commenced proceedings, the parties were unable to reach an agreement as requested by the court. The Plaintiff, who is a poor employee, stated that frequent visits to court caused him significant hardship. On this day, the Plaintiff alleviated his hardship and, to facilitate the court’s investigation, the Court of Appeals issued an order dismissing the Plaintiff’s initial petition filed by Mr. Chai, which was subsequently appealed. This appeal concerns the factual issues in the case regarding the defendant’s fine of no more than 500 Baht. The appeal was not accepted because of the reasons stated above. The court order rejecting the appeal was deemed unlawful because Mr. Chai was not a party to the original judgment and did not appeal the original judgment. Instead, he filed a petition under the Act Establishing Courts of Appeal and Criminal Procedure in Courts of Appeal, B.E. 2526, and the Act Establishing Courts of Appeal and Criminal Procedure, amended by Section 10, 22, of the Criminal Code (Revised Version 2) B.E. 2503. The defendant was arrested on charges of using force against another person, which constitutes a violation of the Penal Code.