Anupam Sharma (Server Engg.) 30 April 2016

Need advise urgent

Respeted members,

You'r value advised in my below mentioned case will be highly appriciated. Brief facts of the case are as under :-

I was appointed as I.T. Executive by General Manager of 'A' organization on behalf of 'B' organization on 2nd May 2012.

On Feb 19th 2013 being constrained by some compeling cirrcumstance created by my I.T. manager, I tendered my resignation with 1 calender month notice as per conditions laid in appoitment letter. I served 1 day of notice period on 20-02-2013 but was barred from entering company from 21-02-2013.

Resignation was not accepted by any compitent authority or any communication of acceptnce sent to me. Rather my earned wages etc, were adjusted towards notice pay & an F.N.F statement was sent to me on 12-03-2013 with a recovery of Rs. 849 /- for my approvel. Which I refused to accept stating it to be a conditional / independent offer.

Since I didn't received any reply from company, I withdrew my resignation 25-03-2013 (my last working day as per resignation would have been 18-03-2013).

There after, I filed complaint with Dy. labour commissioner, concilation failed & reference to Labour court was made.

Personal of Labour union who had represented my case before Dy, Labour commissioner didn't name ' B ' organization as 2nd defendant. Subsequently the case was being persued against ' A ' organization before the Labour Court.

About 4 months back some changes took place in the constitution of ' A '. ' A ' which was a joint venture of say ' C ' & ' B ' is now a joint venture of ' D ' & ' B ' i.e ' C ' has withdrawn & ' D ' has joined in. The name of old organization ' A' has also changed to say ' E ' respodents / Defendants did not inform the court of this change.

I came to know of this development through internet & informed the court & requested court to effect changes.

The oppossing advocate stated that it was a reference case, it has to be sent back to the Dy. Labour Commissioner office for fresh reference. Is his stand as per rules ? Do I have any other alternative ? What will be the fate of my case now ?

It to has to be kept in mind that opposing advocate doesn't have any authority from the new managment to represent the case. Can I object to his representations ?

I, after being deceived by 2 advocates / counsels, am representing the case as party in person.

An early reply will be highly appreciated as the N.D.H. is 20-05-2016.

Thanking you all in anticipation.

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4 Replies

Ritesh Maity (Labour Law Advocate) 30 April 2016

Suppose A is your employer/ contractor who has appointed you and then you were deployed in B company. In this case, the employer employee relationship remains between you and A. Matter of compliance of statutory dues etc. are different matter which I am not referring here.

Now if A terminates your service while you are deployed in company B, then you have to raised the dispute before the labour commissioner against A but also making B a party to the case and reference has to be made accordingly. If B (principle employer) is not made the party then your complaint suffers from non-joinder of parties.

Regarding further issues and current legal position, without going through the contents of the documents nothing more could be advised at this stage. I am sorry to hear that you had bad experience with earlier lawyers but you have to contact another one.

adv.bharat @ PUNE (Lawyer) 30 April 2016

1) First decide what relief u want from filing this case in labour court. If u mentioned ther TOR of ur appointment then it is easy to guide about challenging ur termination by ur organization.

2) U can challenge other party by representation by counsel but u need to prove it.

3) While u have file an application what ever thing u have mentioned will be conside as fact of the case. while after filling of case certain chaanges in opponents party constitution u need to have apply Non Joinder of party, Miss joinder party, Necessary party.

4) It means which party is not nessary for ur case u can use MISS joinder of party( C,D)

While necessary party which is not joined in case that shluld be added by Necessary party,( A, B)

While which party is not at all affect the decision of ur case will be eliminated by Non joinder party.

5) In ur case origional A company, B, C, D, E doest matter. What fact have been changed and second party not mentioned it then u need to produce before court with valid proof.

6) It will not affects merits of ur case by any way. If u want to represent the case by considering ur previous experiance then ur making mistake. Since u see all advocate by same view that they will going to deceive you. Please change ur view and get help of expert lawyer.

Thanks