Civil court jurisdiction

Raghuram (Querist) 14 April 2018 This query is : Resolved
Sir does the civil court has the jurisdiction to decide cases of illegal removal and recovery of gratuity and bonus is their any judicial precedent in this regard which we can cite it while arguing the case, a civil case has been filed by father in 2003 and he died in 2004 and we were included as hiers in the case please clarify with respect to jurisdiction of court can the defendants argue that recovery of gratuity and bonus is out of the jurisdiction of the court eagerly waiting for the reply

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Dr J C Vashista (Expert) 15 April 2018
Let your lawyer may do his/her professional duty, s/he has charged fees from you only for the purpose.

Raghuram (Querist) 15 April 2018
I totally agree with you sir , at least please let me know whether civil court has jurisdiction to decide our case thanks in advance

Kumar Doab (Expert) 15 April 2018
Vashistaji has responded in all threads posted by you.

Raghuram (Querist) 15 April 2018
Since last 15 years we eagerly waiting for justice with the arguments of defendants our family is feeling depressed

P. Venu

(Expert) 15 April 2018
The general proposition is that the civil court has jurisdiction unless specifically barred by a competent law - for instance, Central Government servants.

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Raghuram (Querist) 15 April 2018
My father worked as manager in private transport organisation so can I presume that it is with in jurisdiction of civil court thanks in advance

P. Venu

(Expert) 15 April 2018
Perhaps, a little more facts would be helpful in making a meaningful suggestion.

Kumar Doab (Expert) 15 April 2018
Check the record IF establishment has ever written that payouts shall be paid after court case decision...!

Raghuram (Querist) 15 April 2018
My father filed civil case claiming his removal was illegal and recovery of bonus and gratuity in 2003 he died in 2004 and our family members were included in the case it came for arguments now, the defendants haven't filed any evidence and know arguing that this case does not fall under jurisdiction of the court all these years they never confronted even in written statement filed by them please guide me how we can confront their arguments now please reply at the earliest

Raghuram (Querist) 15 April 2018
Sir I'm unable to understand which record should I check please clarify

Kumar Doab (Expert) 15 April 2018
Your father's files, letters, emails.................

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Raghuram (Querist) 15 April 2018
Some of his colleagues friend suggested him file a civil case since his designation is manager and he is vested with general power of attorney in relation with making tenders so he cannot approach labour court ,all these years the defendants never stated that this case does not fall under the civil court now at the arguments stage they are saying this case is not in jurisdiction of court

Kumar Doab (Expert) 15 April 2018
The removal from service; If IT was by termination and not due to misconduct /misappropriation/ willful and proven in inquiry............and narration of which is mentioned in order of removal/termination

Then Gratuity is to be paid by establishment within 30days of LWD ( by termination). Here designation does not matter

Bonus; If the reference to Bonus as in Payment of Bonus Act then if employee is eligible then establishment should pay within fixed date on IT's own say; 30th Nov to avoid penalty..Here designation may not matter

Manager can approach civil courts

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Raghuram (Querist) 15 April 2018
No such record available sir

Kumar Doab (Expert) 15 April 2018
The order or removal must have bee issued after domestic inquiry and all papers must be in record of your father or in case file with your lawyer..

The Lawyer must have asked for all record in court and establishment might have submitted...

If your current lawyer is not a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record and worth his/her salt..........obtain 2nd opinion in person from such counsel.............

Check at LOCAL Civil Courts/Labor court/CGIT/School-Educational Tribunal/CAT/HC/SC............

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Raghuram (Querist) 15 April 2018
No letter of removal was issued he orally asked to stop coming to duties with out assigning any reason for removal so my father approached the honourable court the haven't submitted any evidence to prove their contentions

Raghuram (Querist) 15 April 2018
Sir thanks for the replies provided by you sir after two days of mental agony the replies provided us a sigh of relief