Pushpandra 06 September 2019

Suitable court in wrongful termination case for top exe?

Hi,

I was wrongfully terminated 22 months back. The Company had not mentioned any reason in 'Termination' letter. I have following queries:-

1. As I was holding a managerial position, therefore, labour court laws are not applicable in my case and I can not apply in labour court. Question - Can I now apply in civil suit or si there any other court for handling wrongful termination case?

2. My residence is in Kavi Nagar, Ghaziabad but the office was in Gurgaon. Question - Where can I apply - Ghaziabad court or Gurgoan or anywhere?

3. Fee - I sent a legal notice to the employer 22 months back (compensation INR 2.25 crore). If the law allows me to go in lower court (Ghaziabad), how much court fee will I have to pay as a deposit (or % of compensation claim)?

4. Fees Exemption - If I opt to pay the court fee later (after 3-4 months), can I get the exemption?

Thanks

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1 Replies

Adv Rohit Dalmia 9324538481 (Lawyer) 06 September 2019

Hello!

You need to file the case at Gurgaon District Court since thats where the company is having its office and cause of action arose there. Hence, Court at Gurgaon will have the Jurisdiction in this case.

AS far as the Court Fee is concerned it idepends upon the compensation amount which you wants to claim or you want to re-instate your employment with the company.

You need to metnion the reason why you are approaching court so late after 22 months of termination of your employment by the company.

For further query, you may visist www.dalmialaw.com

Regards

Adv. Rohit M. Dalmia

9324538481