Santosh J Mahalkar (Asst Mgr) 15 January 2015

In which court to appeal by a management staff employee?

I was working as a assistant manager in a limited company in india. I was forced to resign & told to leave the company immediately without giving proper instruction of whether it was accepted or not . In my resign letter i did not mention to immediately relieve me, while as pr appointment letter i can work for one month after resignation. I tried to contact the company & requested them to come to work, but they refused. So after a week i withdraw my resignation by email, but the company is saying that my resignation is accepted. but i had withdrawn my resignation before any communication from the company.

Hence i want to file a legal suit against the company, so in which court i shall file the suit? Labor or civil court? since i was working as a assistant manager in staff can i file the suit in labor court?

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2 Replies

Jai Karan Nagwan (consultant) 15 January 2015

Does team or any person was reporting into you?

Kumar Doab (FIN) 18 January 2015

1. Designation alone does not decide a person shall be covered by the def. of 'Employee' as in (Name of the state) Shops and Commercial Establishments Act, as 'Workman' as in ID Act or not............

Your lawyer may ask you a set of structured questions and may opine that you are covered.

2. If the terms of employment state that notice period is applicable then your lawyer after examining each document may opine that your language implies that in concurrence of terms of employment as stated for applicability of clauses on notice period................

3. If employee has chosen to retire by notice of resignation then employer can not prepone or postpone the date of retirement thus notice of resignation can not be accepted before expiry of notice period......

There are many Supreme Court of India Judgments that your lawyer can quote.....

The company may scream that it has computed notice pay in lieu of notice period in FnF but it won't work.....

4. Has the company claimed in writing that resignation is accepted?

Everything shall depend upon the merits and remedies and merits arrived at after careful examination of all docs on record by your lawyer....

Approach your lawyer in person...