Filing of case in labour court
B Singh
(Querist) 24 November 2015
This query is : Resolved
An employee was working in private organisation as permanent employee and working in sub office at State A. The Head office is located at State B and inquiry was also held at State B where the Disciplinary Authority passed order of dismissal from Head Office. My query is that where should employee file case in Labour court at State B where the Head office is located or at State A where the employee was presently working in sub office. Further can employee file case in Labour Court where he resides. Please advice.
Kumar Doab
(Expert) 24 November 2015
State A, B and even location of Redg. Office and jurisdictional courts as in signed agreement narrated in appointment letter.
The location where employee is residing can be tricky one.
However you may show all docs on record to an able counsel specializing in labor matters.
You have yourself posted about labor court hence it is believed that you are clear that employee is covered by the def. of 'Workman'.
Rajendra K Goyal
(Expert) 26 November 2015
Consult local service matters consultant, show him all the documents and discuss.
B Singh
(Querist) 27 November 2015
In appointment letter while joining no mention of Jurisdiction. The place where I reside now my address mentioned in appointment letter. The employer also has its office where I now reside. Can I file case where I reside on account that employer is also having its office where I reside. Further after dismissal what is the time limit to file case in Labour Court. Please advice.
Kumar Doab
(Expert) 27 November 2015
What is the opinion of your own counsel?
You want to agitate as a Party in Person or thru an able Labor Law Consultant.
Have you checked and are you are clear that you are covered by the def. of 'Workman'?
What is communicated in order of severance of employment: 'Dismissed' or 'Terminated'..................by the private company that you were employed with?
If company has an office then you may succeed to file at this location.
B Singh
(Querist) 28 November 2015
Dear Experts, I am in clerical job. Some cases filed against this employers by previous employees are also under trial by Labour Court and few cases decision passed by Labour Court. I have consultation with advocate and he replies that your case falls under the purview of Labour Court and decision likely to come after two years. Please suggest as your opinion if I am at right place to file case with Labour Court.
Kumar Doab
(Expert) 28 November 2015
Your counsel has already determined that you are covered by the def/ of 'Workman' as in ID Act.
You can succeed to file at location where company has an office.
The decision depends upon no. and pendency of cases.
The company has offices in many states so jurisdiction in your case might of ALC (Central) for for conciliation and then CGIT. Time taken in central is usually less.
Rest you may inquire at your location.
You may also have faster remedy in Shops and Estbs Act. However look into the provision of the Act as applicable in your case.
If employer is a violator of labor laws and rights then you may involve the employee's/trade unions as well.
While you choose your counsel, choose a seasoned and able counsel specializing in labor-service matters.
It is altogether different filed of law and in each city a few counsels specialize in it and usually such matters are referred to them.
T. Kalaiselvan, Advocate
(Expert) 04 December 2015
You can approach the labor commissioner of the place coming within the jurisdiction of your work spot. Even the labor court may be of the same jurisdiction. You may take the help of local service law practicing lawyer for all such guidelines.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 26 November 2015
