Civil Procedure Code (CPC)

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Jurisdiction

Querist : Anonymous (Querist) 27 July 2021 This query is : Resolved 
Joined a Pvt Ltd company in 2019. Corporate office is in Mumbai.

As per appointment Letter
Location of my Work is Delhi.
Court Jurisdiction is Mumbai.
First 6 months shall be probationary period which can be extended. You will continue to be in probation unless confirmed in writing.

Although, approx 18 months passed no confirmation letter given by the company till date.

Company paying only a part of salary since April 2020. They are also nor issuing salary slips since April 2020

Requested several times to clear my financial dues but no response.

On Resignation , they do not pay any dues and force the employee to give undertaking that there are no dues pending and that the employee will not go for any litigation against them else they will not give reliving letter.

I Want to quit this job but do not want to leave my money also. What legal remedies do i have to ? Pls reply
Dr J C Vashista (Expert) 28 July 2021
Since you are still on probation, which has not been confirmed, issue notice to resign in terms of appointment letter demanding (duly calculated) outstanding salary.
Advocate Bhartesh goyal (Expert) 28 July 2021
You have good ground to quit the present job as company is neither confirming your job since last 18 months nor paying you full salary so issue legal notice in this regard and ask company to accept resignation and clear outstanding payments of salary.
kavksatyanarayana (Expert) 28 July 2021
I agree with the advice of the above learned experts.
Querist : Anonymous (Querist) 29 July 2021
Do i have the right to file case from Delhi as my work place is Delhi while court jurisdiction is mentioned as Mumbai only in my appointment letter
Advocate Bhartesh goyal (Expert) 29 July 2021
You can file case in Delhi where the branch office of company situates and cause of action arises to you irrespective of the fact that in appointment letter " jurisdiction is mentioned as Mumbai only "
Dr J C Vashista (Expert) 31 July 2021
Yes, Delhi Courts have to jurisdiction to entertain and adjudicate the case.
P. Venu (Expert) 11 August 2021
You may get relieved and subsequently escalate the issues. The undertaking obtained is against public policy and hence void.
T. Kalaiselvan, Advocate (Expert) 25 August 2021
You may tender your resignation citing the irregular monthly salary payments and non confirmation despite more than 18 months of service besides uncomfortable working atmosphere and personal reasons. You ca demand your dues up to date, relieving letter and an experience certificate for the period you worked with the organisation so far.
Since you worked fro Delhi and they have a branch at Delhi, you can very well proceed with the litigation at Delhi itself.


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