Juridiction of Employment - Employers Head Office or Employyes HQ ?
Adv. Apoorva Anil Ajantiwalay
(Querist) 29 July 2011
This query is : Resolved
Sir,
My client is working as Divisional Sales Manager in Pharmaceutical company based at Nagpur HQ. His job is sales & Marketing unlike office 9am - 5pm job. As per appointment letter of company for any disput of employment courts of Mumbai will have juridiction. If my client has not received his salary of May 2011 till dt suffering financial crisis, how can he will afford to go Mumbai & file case? Is there any judjement available with which I can file his case at Nagpur? and under which section? He is Manager category person.
N. AKSHAY BERI
(Expert) 29 July 2011
NO WHEN SPECIFIC CLAUSE IS THERE IN THE AGREEMENT THE SUIT CAN ONLY BE FILED SA MNTIONED THEREIN.
venkatesh Rao
(Expert) 30 July 2011
Just because the parties have signed the agreement, it can not be enforced with full force if any clause is chosen for a party at the cost of the other. Any amount of consent will not confer territorial jurisdiction for a party. Since payment of salary is for the financial crisis and not for breach of any clause of contract, he can very well sue at Nagpur.
However, kindly consult an expert.
