Jurisdiction Problem?

As registered office of your company situates in Delhi and as per law a suit/claim is always filed at place where opposite party resides or carries on business or where registered office of opposite party is situates so objection rsised by your company regarding jurisdiction is legally not tenable .

 

Jurisdiction of Delhi / Faridabad Court can be invoked, as convenient to the workman.

Can you please refer me the relevant Sections to mention it in my response and my clarity.

Go through an agreement executed in between employer and employee and they must have written specifically that the disputes are in the jurisdiction of Delhi. If there is no such clause mentioning Delhi, you have a ground to continue the case at Faridabad.

In my Appointment agreement Delhi Jurisdiction is mentioned, but an Arbitrator clause is also mentioned along with it, thus I dont want to give its reference.

Offer letter is one pager and it has nothing mentioned as such.

I feel the company has lost their only physical copy of Appointment agreement else they would have revoked Arbitrator clause.

As a litigant, one must be fair and present all those facts known to him.  Please do not assume things that a physical copy of the Appointment agreement was lost etc., as the company can present those documents when it is necessary.  Arbitration clause attracts SC Judgment on its validity.  The fundamental document between both the parties is the Appointment agreement only.

As per your query, let me inform you that Section 20 of the Code of Civil Procedure, 1908 deals with the question of territorial jurisdiction.

Under Section 20 of the Code of Civil Procedure, 1908, a Suit can be instituted in a Court within the local limits of whose jurisdiction—
(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or

(b) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or

(c) the cause of action, wholly or in part, arises

Thus, the jurisdiction of a Court depends on the situs of the contract and the cause of action arising through connecting factors.

Therefore, you may proceed to file a suit against your company in Delhi irrespective of the fact that you mostly worked in Faridabad office, since you attained your OFFER LETTER for the DELHI Office of the Company.

Hope It Solves Your Query!

Regards
Kevin M. Paul

I am heartiest thankful of you for the detailed reply.

 

Varun

You have not posted the material facts? What is the disputed issue/grievance? What is the law invoked? What are the reliefs sought?

Sir the issue is My company illegally Terminated my services when I asked the company to pay my pending dues and pay full salary if they want me to come to office and work,  The company still called me to office but I denied stating unless the company pays me PDC for past work ( Company CEO agreed to pay all dues in pastvin writing but refused later) and pay full salary I won't come to office.

For this case I had filled a case with labor dept south delhi.

If they were not capable to pay, they shoulr not have promised me they will pay full salary, th3y should have Released me as per procedure, but their intention was to cheat, had I continued to work they would have never paid my pending salaries without a court case, so I decided to fight legally and here I am.

The company in my response to complaint filled with labor department have claimed that my cawe doesn't belong to Delhi but or Haryana as I was operating from there, 

The thing is I dont want to go to Faridabad as the proceeding take much more time and during my office days I used to hear stories that a judge in Faridabad has shown leniency towards company as The judge and the company lawyer know wach other, fearing I wont get appropriate justice I have decided to pursue my case from Delhi, 

The offer letter is of Delhi and agreement has Delhi as  jurisdiction, but agreement also has arbitration clause inbuilt, so wanted help.

 

Thanks

 

 

The explanation is so confused with subjective opinions that any meaningful suggestion is impossible.