Civil Procedure Code (CPC)

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varun Garg (no)     29 July 2021

Jurisdiction Problem?

Hello

My case is with South Delhi labor court and my company filled a reply that my office is in Faridabad thus case in Delhi is not valid.

The thing is:
A) I have offer letter for Delhi office and appointment letter is of Faridabad.
2) I used to sit in both offices ( Del and Faridabad), Majority used to be Faridabad.
3) Companys registered address as per MCA and GST is delhi.
4) My bank account and the mobile number issued by company are of Delhi.
5) Last working day place is Rohtak (Home town) due to Covid.

please guide me what is my jurisdiction and how to prove it of Delhi as in Faridabad it is hard to file a case with labor court.

Any law references for me to read will be highly helpful.

Many thanks in advance.


 11 Replies

Advocate Bhartesh goyal (advocate)     29 July 2021

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 .

 

Dr J C Vashista (Lawyer)     30 July 2021

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

varun Garg (no)     30 July 2021

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

G.L.N. Prasad (Retired employee.)     30 July 2021

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.

varun Garg (no)     30 July 2021

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.

G.L.N. Prasad (Retired employee.)     30 July 2021

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.

Kevin Moses Paul   31 July 2021

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
1 Like

varun Garg (no)     31 July 2021

I am heartiest thankful of you for the detailed reply.

 

Varun

1 Like

P. Venu (Advocate)     31 July 2021

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

varun Garg (no)     31 July 2021

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

 

 

P. Venu (Advocate)     02 August 2021

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


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