varun Garg (no) 29 July 2021
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 (Advocate) 30 July 2021
Jurisdiction of Delhi / Faridabad Court can be invoked, as convenient to the workman.
varun Garg (no) 30 July 2021
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
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
varun Garg (no) 31 July 2021
I am heartiest thankful of you for the detailed reply.
Varun
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.