3months notice enforcement
Deepak Nair
(Expert) 01 March 2012
Your matter requires a good discussion across the table. It is advisable to approach a lawyer for professional help.
V R SHROFF
(Expert) 01 March 2012
Discuss with your Local Advocate practicing Labour Laws. / Labour Court if u worked as Workman.
Otherwise as u resigned , no chance.
ajay sethi
(Expert) 01 March 2012
you have signed appointment letter . it means you have accepted that you will give 3 months notice period .
since exparte order has been passed against you the court will pass order on your application for setting aside exparte order after hearing both parties .
appointment letter is binding upon you since you signed the same .
contact a local lawyer
rajeev sharma
(Expert) 02 March 2012
MR VERMA,
1. Employment is a contract between two adults.No one can force unreasonable conditions unless and until other party agrees to that. In your case you have given your consent by signing the employment letter.
2. Two kind of notice periods may be stipulated for different kind of jobs.
3.So far as your quarry no 3&4 are concerned it requires examination of evidence .PL contact a good labour lawyer.
4.Your fourth question is based on philosophy rather on law .
Raj Kumar Makkad
(Expert) 10 March 2012
1. Even though you were forced to resign but the so-called pressure is not in writing. I think you made haste decision of resign. It would have been good on your part to make complaint against the management making you to stop work and entering in the company for the best reasons know to them instead of submitting your resignation. Once this is accepted under what circumstances those may be, it is binding for you.
2. Generally courts set aside ex-parte proceedings subject to some cost so insist over your stand that you had not been property intimated about the pending case. Though personally and legally I am of the view that you ignored the intimation given by labour court to you about the pendancy of the case. The notice contains entire information about the court, case title and date of hearing. There is no requirement of the case no. for the appearance in the case. This ignorance of law might come to your way but still you insist that no proper notice hence failed to come to join proceeding and now you are ready to join., Court may take lenient view towards you.
3. I can imagine the circumstances under which employees are forced to accept the appointment letters at belated stage with changed terms as told at the time of joining but nothing can be done in such case as you signed it instead o writing thereon a dissent note.
4. If you were assigned with the work you mentioned in this para then definitely you fall under the definition of workman and can invoke the jurisdiction vested in Labour court.
Advocate Rajamahendra Varma P
(Querist) 01 March 2012
This query is : Resolved
