Filing a case

ananddubey (Querist) 30 May 2015 This query is : Resolved
My Client has been sacked from a job on the ground of sexual harassment. In appointment letter it is stated to refer the dispute to arbitration. But my client wishes to file a criminal case of Defamation on the employer. Also Suggest me in Detail can i do so. Also the relevant section and procedure to do so.

Follow Query

Report Abuse

Jayashree Hariharan (Expert) 30 May 2015
sir, please read for what reasons arbitration, otherwise i think you can file defamation case

SAINATH DEVALLA (Expert) 30 May 2015
U have mentioned grounds for sacking,Can U elaborate the arbitration issue

P. Venu (Expert) 31 May 2015
I am afraid you are on the wrong track. It appears that he has been sacked following the due process. There is no locus standi in claiming any damages unless it is established that the charge was false and there had been proven mala fide on the part of the employer.

Dr J C Vashista (Expert) 01 June 2015
Sacking (dismissal) of your client on the basis of sexual harassment is a disciplinary action arising out of a criminal offence which "out of arbitration" clause, if any.
However, no company/employer do have the service terms & conditions falling under the provisions of Arbitration & Conciliation Act, 1996 (or 1940).
Please recheck and proceed accordingly.

Rajendra K Goyal (Expert) 02 June 2015
Nothing can be advised without referring full case file, Consult senior lawyer.

T. Kalaiselvan, Advocate (Expert) 09 June 2015
If you have not understood the actual fact of the case or the problem of your client, how do you think you will be able to handle his issue before any forum?
First of all collect the details, analyse the issue and decide about which forum to approach and for what relief then the provisions of that law can be discussed.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now