Jurisdiction of labour court
anirban bhattacharjee
(Querist) 28 September 2015
This query is : Resolved
Dear legal experts,
My employer has only one registered office at Haryana in India.I am posted at Kolkata though I am operating from my residence as they do not have any branch office at Kolkata.My salaries are being credited to my ICICI bank account at Kolkata.My offer letter was also issued on my residential address at Kolkata.But,the jurisdiction mentioned in the terms & condition is in Haryana where the registered office is located.Can any expert suggest that in case I have to approach any labour commissionaire/labour court for possible legal disputes,is the jurisdiction of labour commissionaire/ labour court at Kolkata or Haryana?
Regards,
Ani.
Advocate/CS Sanjeev Kataria
(Expert) 30 September 2015
You can file case at kolkata also because cause of action for non-payment of salary arose at Kolkata also. If it is for salary you can directly approach labor court u/s 33 ID act and in case other dispute are also there, then approach labor commissioner first for mediation, in case of failure you can approach labor court.
T. Kalaiselvan, Advocate
(Expert) 04 October 2015
The labor court jurisdiction shall be where you are actually employed, therefore you can approach the labor commissioner at Kolkata itself.
