jagtar singh 16 April 2017

Standing of an agreement before the court

Dear All,

i have an Industrial Dispute with my employer, case pending before the labour court and employer has called me last month to office and settled an agreement with me signed by me and my HR director , where employer has agreed to pay me a lump-sum amount and from my side i agreed to resign and withdrawing the legal case subjecting to payment of all agreed dues. Employer has credited a part of agreed payment and now refusing to pay all agreed dues , means violating the agreement done with me .On the basis of said agreement i have resigned stating the condition of settling all agreed pending dues and a application was also moved in the Labour court to close the case

Now since employer is refusing to pay all agreed dues means violating the agreement -------------what should i do what options i can have and how to revoke my resignation which was given on condition to fulfillment of all pending agreed dues.?

please guide

Regards

Jagtar

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7 Replies

Ritesh Maity (Labour Law Advocate) 16 April 2017

May be apart from the industrial dispute which is already pending before the labour court, you may file another case against the employer violation of agreement.

Since the labour dispute was already pending before the court it was necessary to settle the matter amicably before the court. Since you have entered into an agreement privately without informing the court, for whatever reasons, you have put yourself in another trouble.

May be you should consult a lawyer in the labour court and ask him to do the needful (in terms of labour law) by showing all papers and the agreement.

jagtar singh 17 April 2017

Hello and Good morning Mr Expert .Ritesh g,

Thanks for your response and subsequently further details i am putting before you that

1---- Agreement copy between me and my employer is submitted before the court also where my case is pending , asking the court to close the pending dispute considering this agreement between me and my employer , but court is yet to close the same .

2----- Probably next hearing i am going to move application stating the violation of agreement by the employer and let the case be continue as it was .

3---it is the employer who is violating not me , so what implications it has adersely on me ,please elaborate

4---- Is lodging new case subjecting to violations of agreement is more legalised action or should i add the complaint with the same judge hearing my pending case ?

regards

Ritesh Maity (Labour Law Advocate) 17 April 2017

Thanks for clearing the facts.

Since the matter is already in the notice of the Labour Court, move an application on the next date of hearing stating the factual aspect before the Court and if possible, seek permission of the court to direct the company to make the payment of rest of the settlement amount through Demand Draft (as it will not bounce) before the court.

If you get the money (rest of the settlement amount) just forget and move on. Filing another case for violation of agreement may jeopardize the situation as well as it can be time consuming and legally expensive. Also this Labour court does not have jurisdiction to adjudicate the current dispute of violation of terms of agreement.