Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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can i fight case in court

Page no : 3

ranjan (software engineer)     10 November 2009

Hi Nilesh

        I am sorry i did not give my cell no.  Number is 9945861013 and i stay in Bangalore.

nilesh (Pre Sales Engg)     10 November 2009

 will call u 2day bet 8 and 9 pm from home...

A.R.KUPPUSAMI (ADVOCATE)     11 November 2009

         It is purely employer- employee dispute it should be dealt with District labour Court-Labour Court has vast jurisdiction in this regards. Under Industrial Dispute Act,1947,it is to be challenged  in Sec.2(A). Under Sec. 11(A) the Court is empowered to hear the matter with absolute capacity. The terminal benefits  or any claim settled only through Labour Court or Industrial Tribunal.

With Regards,


1 Like

nilesh (Pre Sales Engg)     11 November 2009

How do u define supervisory or managerial functions? 

i was a project leader ..... 

nilesh (Pre Sales Engg)     11 November 2009

 what is a difference bet Labor Court and Tribunal ?

nilesh (Pre Sales Engg)     20 November 2009

 I went 2 Labour Commissioner Office, day b4 y'day. Met assistance of  Assistance Commissioner of Labour. I have meeting now tomorrow with Assistance Commissioner of Labour. Lets see what happens. 

Just wanted 2 check with you people is that, my entitlement is restricted to pending dues + 18% interest rate or can i also charge for mental mental agony  / harresment as well? 





Anil Agrawal (Retired)     20 November 2009

 You can claim your balance salary and any other dues from the company. The question of mental agony, torture etc. are for courts and consumer courts.

K. Rajendra Prakash (Advocate)     20 November 2009

Did your previous employer respond to your legal notice.

nilesh (Pre Sales Engg)     20 November 2009

FYI. Notice send by one of my known lawyer . [ I don't know whether it is termed as legal or not]. 

Yes, they did send reply. It has 1 clause from Employee Manual

"The review committee which compromises of the Department Heads, COO and MD review the performance rating and decides the means of evaluating the performance of an employee. The recognition is in form of Quarterly Performance Linked Incentive / Salary Revision / Promition. The reprimand will be in form of a Performance Notice. The QPLI is disbursed at the direction of the Management" .

"From the above it is very clear that your client Mr. Nilesh Shah was not entitled for any QPLI" 

I am shocked seeing what kind of interpretation they drew from this very simple para. 

Also, kindly note, this is a part of Employee Manual, and not the Appointment letter.


nilesh (Pre Sales Engg)     23 November 2009

 any input on the above?

Ramnath Naik (Legal Advisor)     02 December 2009

dear friends,

whether the person drawing salary more than 10000/- is entertained in labour court., bcoz sombody had mentioned in posting that the workman drawing upto 10000/- is allowed to file a case in labour court. plz clarify me...

nilesh (Pre Sales Engg)     08 December 2009

 I have prepared entire documents set and have submitted officially my complaint to assistance commissioner of Labour. I am waiting 4 his call, where he will call both the parties and try to mediate.... 

Is there any thing i should take care of?

nilesh (Pre Sales Engg)     09 December 2009

Thanks for input.

I am aware that it may take some time. I am also aware that if there will be decision in my favour, my previous Employer can always oppose it. But still i want to fight. I want 2 prove 1 point to him, "don't take employee for granted" and a point 2 myself "I must fight for my right, and just not succumb to social or peer pressure". 

Last point was very helpful [insisting to send some company official].  Do let me know if there are any other points i need 2 keep in mind.

Is there a way 2 expediate this process?

Thanks for support. 

nilesh (Pre Sales Engg)     14 December 2009

Further,you may put objections to any advocate appearing on behalf of your emplyer,they have to send some Company official "

   Is there any supporting Law (Article) under which i can raise this objection?


Before which court, which tribunal, or which authority, an employee must keep their grievances /disputes so that proper redressal is met?किस न्यायालय, किस न्यायाधिकरण, या किस प्राधिकरण के समक्ष, एक कर्मचारी को अपनी शिकायतों/विवादों को रखना चाहिए ताकि उचित निवारण हो सके?

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