Ramesh (Advocate) 18 June 2011

File a suit in Labour court

I have recently started practice as an advocate in Delhi. I have to file a petition in Labour Court on behalf of my client, who was working in Coal India Ltd.

I have prepared petition for non-releasing of travelling allowances of Rs. 58000/- to my client by Coal India Ltd. after his retirement.

Kindly let me know what documents are to be attached with the petition and required court fees.

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8 Replies

jagadish paranjape (Advocate) 20 June 2011

Before you file a case in labour court ,your client has to be one who fits in the definiton of workman under Sec. 2(S) of the Industrial Disputes Act 1947. If he is not a workman, the suit for recovery is to be filed in civil court.

You have to file the documents on the basis of which you assert that you are entitled for the amount.

Ramesh (Advocate) 23 June 2011

Sir,

My client has taken VRS & as per VRS Rules he is entitled to get transfer allowances from Delhi to Kolkata where he intends to settle down. the employer company refused to pay TA amount without giving any reasons.I have prepared Petition on behalf of my client & enclosed all relevent documents pertaining to TA benefits etc.I being a new in the field, only want to know what documents are to be attached by lawyer like Vakalatnama, court fee or any other documents.TA Claim is about Rs.58000.00.Kindly guide me in this case as I have to file the case immidiately in the ourt of Presiding Officer CGIT Cum No.! Labour Court, Karkarduma Court, Delhi.

V.Harikrishnan (Labour Law Consultant) 23 June 2011

Dear Mr.Ramesh

Please check whether your client is a "worman" as defined under the Industrial Disputes Act 1947. If not, you cannot initiate any action under the Industrial Disputes Act. Please specify the documents which were produced by your client to you which made you conclude that he is entitiled to the claim he is making.

With regards

V.HARIKRISHNAN

jagadish paranjape (Advocate) 23 June 2011

I presume that your client is workman under I.D.Act 1947.If your claim is based on some undisputed rules,which entitle your client to receive travelling allowance, then you can file claim under Sec. 33(C) (2). of the I.D.Act.Of course you have to file vakalatnama ,but there is no court fee.Further you have to make payment for process fee ie.sending notices to opponent.If you have further doubts you can seek help from Asst.Registrar of the court where you intend to file the case.

Sandeep (0) 04 February 2013

Dear Sir,

Please find the following conversation with my Employer as he's not responding me and now tell me how could i approach to labour court in this following scenario, please guide me,also i am attaching a contract which he sent me via email on new year i.e 1st January 2013.

Dear Mr....

(Director xyz International (P) ltd.)

sent today email today

As i have requested you to earlier that we can amicabily sort this out and it's been one month and you didnot revert me back.As far as i tried to contact you from each and every source of communication but you didnot revert me back and now i am bound to take steep action against your firm which is as per our mutually agreed contract.

I hope, you will revert me back on this mail and settle my full and final as it's final call from end.

Thanks and Regards,

Sandeep Bhardwaj

From: sandeep Bhardwaj <oshnik@yahoo.com>
To: "
Cc:
Sent: Thursday, January 17, 2013 6:09 PM
Subject: Re: Issues/Queries & Current Due Payment

Dear Mr....

(Director xyz International (P) ltd.)

Thanks alot for providing cheque of Rupees 36,500 /- for the month of December 2012,it's credited into my Kotak account. Though, this was not full and final settlement between us.

I hope, you remembered that day, when i asked you straight forwardly that, "is it A Project or A job which has been offered by you ,then you replied,Don't worry,it's not project,i will keep you with myself in business planning in future once alignment of Fabtex warehouse at Madanpur Dabas will be done. As i kept my promise and aligned your warehouse and fulfilled your all requirements,though you have not done so.You projected this beacuse you were aware and assured , if this offer will come to me as project then surely i will ask for certain higher amount rather than a monthly salary so you offered me as job with full of promises.

And now i need few questions and full and final settlement from your end,Please answer me these following queries:

1.Please let me know,on which ground and why you have terminated my all services with immediate effect and without any prior intimation? Your revert awaited on this eagerly. ( i hope this time you will revert)

2.As it was breach of contract in between us which was mutually agreed that i will work with your organisation for longer,once warehouse will be aligned (it happened and you threw me out without prior notice).During this tenure, i turned down an offer from BATA footwear division. in Distribution,it's staright loss for me and affected my livinghood.

So please let me know what would be the full and final settlement as it has to be settle down ASAP so please fix the meeting ASAP or let me know by when you are going to make it full and final settlement.

3. As far as concern about my full and final settlement, i am atleast looking for next six months pay out.(as per industry norms and breach of contract by you)

Hope you will understand the gravity of this matter and will take it seriously along with prompt action.

Thanks and Regards,

Sandeep

From: sandeep Bhardwaj <oshnik@yahoo.com>
To: "
Cc: "
Sent: Thursday, January 3, 2013 2:30 AM
Subject: Issues/Queries & Current Due Payment

Dear Mr....

(Director xyz International (P) ltd.)

I have joined "xyz(P) LTD." as a Warehouse & Operations Head (as mutually agreed in between & discussion with you) on 15th September 2012 and took over the charge in your organization,as your all warehouse was in mess,there was no directions and no organised system was there and took the challenge and maintained it systematically untill you didnot interfere in the warehouse & operations.As i have alraedy showed and proved you,which shows my strong and systemetically working style (it proves via those emails which has been communicated with you in limited frame of time & continously (during my tenure) and same has been shared with you through pictures/live on Skype or telecon or any other mode of communications on daily basis.(which you have chosen cautiously to communicate with me,but unfortunately all were in auto recorded).

It has been 3 months and 18 days (109 days) that I have worked independently and closely as a great team leader in your organization to achieve better results without anyone's support and guidance and shared all my great ideas,SOP's and KPI's,to make smoothen your operations and system along with "Shelving system" in the warehouse for Inbound & Outbound process.It was totally messed inventory in your warehouse (but i have maintain stock and maintained inventory in the system achieved/shared with you, my all targets,faced all difficulties alone without anyone's support,also provided my laptop for scanning to warehouse team w/o a second thought that it's my personal one) but,suddenly as per with discussion and ordered by you,today to leave this organization with immediate effect without any further notice or intimation from your side,was a great shock for me.

Though i gave you second thought,in the meantime you can also use my skills for "Sales & Marketing,planning or organization setup" (if 'em not overloaded by other work) but very smartly you turned it down.

At the time of joining,It was promised by you that it's long term relationship but you didnot keep your words and neglected that verbal communication.Now your opeartions are in smooth conditions as all KPI's and SOP's set by me,are following and considered by you,also the team in Warehouse has been trained by me & Operations are funtionally going very well.

So please revert me on which ground and why you have terminated my services with immediate effect and without any prior intimation?

Requesting you to please,promptly revert on the above said otherwise this will be considered as acceptance from your end that you have stolen my all precious ideas and intentionally exploited me, officially (after keeping my all policies/SOP's/KPI's/Inventory issues resolving technique/Stock count and other daily warehoues and operations SOP's) after these works.

Apart from this,PIease pay my fixed Cash & Cheque Salary for the month of December 2012, immeditely in my account (Kotak Bank a/c :xyz) along with other expenses which have occured and due on Company.(as urgently required)

Cash Salary : Rs. 30,000 /- (without Taxes)

Balance Conveynace Charges (29th October to 18th Decmeber 2012) : Rs.7500/- ( total Charges for 33 Days = Rs. 16,500/-,paid advance : 9000,Bal.= Rs. 7500/-) only actual petrol charges,(NO VEHICLE MAINTENANCE CHARGES INCLUDED)

Thanking you in Advance,

Regards,

Sandeep Bhardwaj

oshnik@yahoo.com

Sandeep_fipl@yahoo.com

I would like to thank all our associates and Team for their kind co-operation which helps me to understand and solve their Issues/problems and achieve the desired results for this company.

rajendrakhatana (AGM Admin/Hr) 05 February 2015

I have just started practice in labour court pl send me a sample application first case recd by me is reinstate with back wages how to draft an application pl provide me in hindi,gujarati are well if in english and brief details of case related hints pl do the needful