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Shalmali (Software Engineer)     16 January 2010

Jurisdiction

I am working for a software company. I went on leave after getting it approved from my Manager. Now, when I was on leave, my manager initiated my resignation (exit request)using the Internet through the company's web-site on my behalf without asking/informing me. Actually, I never wanted to resign & I never talked / expressed any gesture regarding resigning from my service. I received an auto-generated e-mail regarding the same. I received & read that e-mail when I was in my native place (different state than where the company is located).

In this case, if I file a civil suit against my employer then can I sue it in my native place? Can my native place get the jurisdiction ,as I went online & received/read the e-mail regarding my exit request in my native place.

Please do reply. It's urgent...



Learning

 6 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     16 January 2010

Dear Shalmali

First of all you have to file a Criminal complaint against your company and Manager at local Police Station, where you have gone through the email.

Then you can also file case before the Labour Officer of the company where you were working for restitution of your job by bringing the facts of cheating by your company and you can for compensation for 7 years of employment 

Y V Vishweshwar Rao (Advocate )     16 January 2010

The Exit Request is false and not made by you !  is it  fraud !,  you came to know about the same at  your  native place by email  ! The  Cause of action /part of cause of action took place in your native palce . You can file  suti at your native palce where you came to know the same .   if thre is any agreed place of Jurisdiction beteen you and Your employer , let your employer take objection , then the matter can be transferred / or/ your employer may not  take such objection , he may accept the Juridiction  of your native place where you came to know a false Exit Request !.    Subject to any agreement  regarding palce of Civil Court Juridiction -between you and Your Employer !

 

 

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     16 January 2010

 FIRST FILE A CRIMINAL CASE IN COMPANY LOCAL AREA P.S, CIVIL SUIT ONLY CHOICE, BECAUSE UR JOB MAY NOT COME UNDER WORKS MAN(/I.D ACT.)

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     16 January 2010

Even IT Employees also come under Industrial Tribunal Jurisdiction so can claim for compensation for the fraud played by your company. This case can be filed only at the jurisdiction where you and your company agreed together and for filing criminal complaint, you can do that where you have gone through the email.

1 Like

Shalmali (Software Engineer)     28 January 2010

Hello,,

Thanks for the reply. Ya, There is an agreed jurisdiction mentioned in the service agreement between me & the company,  but I want to clarify 1 thing:

my false resignation was triggered using Internet & mode of intimation/communication was E-mail. So does Cyber Law come into picture in my case?

If yes, then can my native place court get the jurisdiction, overriding the agreed jurisdiction with the help of Cyber law?

 

Pvt_RajKing (Private)     30 January 2010

Dear Mr. KSAN Rao,

You say "Even IT Employees also come under Industrial Tribunal Jurisdiction". Are you sure? Would IT employees qualify to be a workman? Please see if you could shed some light on this.

Thanks

Raj


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