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aks_aks123 (-)     20 April 2013

Jurisdiction of case by employee to employer

What is the appropritae jurisdiction for an employee, if he wishes to file a case against an employer...??

(please note - employee and employer are both living in 2 different cities).

 

giving the facts below -

 

An Employee has NOT been given an appointment letter but being paid salary on regular basis. The employee does not report to duy one fine morning. after one year, with 2 notices served through Regd Post without any reply, the EMployee gives a notice via a Lawyer and claims to proceed legally. Where does the jurisdiction of the case lie (at the place where Employer is based or where Employee is?

the Employeer is an INDUSTRY.

 

please share your suggestions.



Learning

 2 Replies

darshana sawant (associate consultant)     22 April 2013

dear sir,

 

the jurisdiction of the courts shall lie in the place where the employee was appointed.  You have to issue him a chargesheet if je os a permanent worker and conduct enquiry for absenteeism.  After establsihing the absence, you can terminate him.

balbir singh (advocate)     17 July 2014

this is a matter of territorial jurisdicataion the case can be filed at the place where the employers is havig  hq and exercising effctive control over the unit.


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