Labour case
M Singh
(Querist) 30 December 2015
This query is : Resolved
I was in clerical job in private organisation and after domestic inquiry my services were dismissed. I am confused by the different advices from different advocates to whom I should approach. One advocate replies that my case falls within civil court and another advocate dealing in service matters replies that my case falls within Labour Commissioner who will refer my case to Labour Court if not settled. My query is that I am in clerical job and in payscale Rs. 7800/- with total salary of Rs.19000/-. Although my advocate had replied that I come under the purview of workmen but keeping in faith in team of lawyersclub do advice on my query.
Kumar Doab
(Expert) 30 December 2015
The advocate dealing in service-labor matters can advise you better.
If you are not satisfied go for second opinion from a counsel specializing in labor/service matters.
This is a specialized field and in each city there are few counsels that specialize in it and are well known and usually such matters are referred to them.
You may inquire at Labor court/CGIT, HC,CAT and prepare your own list and choose the counsel.
Apparently you should be covered by the def. of Workman as in ID Act and Employee as in Shops & Estbs Act.
P. Venu
(Expert) 31 December 2015
You may consult the Office of the Labour Commissioner as well. They may guide you.
Isaac Gabriel
(Expert) 31 December 2015
You should seek remedy under the Industrial Disputes Act. File 2 A(1) comciliation petition before the Labour officer.Thereafter,you will have to file a case before the Labour Court under 2 A(2)and seek remedy.
Adv. Yogen Kakade
(Expert) 01 January 2016
Visit the office of the Labour commissioner and file an application with request to look into the matter.
M Singh
(Querist) 02 January 2016
Dear Expoerts my second question is that I want to file case before Labour Commissioner where I reside as my employer has its branch where I reside. Although my advocate have told that case can also be filed where I reside since employer has its branch and their representative can attend the same. Keeping in view my faith in all experts team of LCI there advise is very valuable in the present case that whether jurisdiction can be claimed where I reside as employer is having its branch here. Please advice
Kumar Doab
(Expert) 02 January 2016
The jurisdiction can be last location of employee,location of office of establishment,Redg. Office,jurisdiction as inserted in appointment order......
The employer is likely to contest your choice.
Lean on your counsel.
M Singh
(Querist) 03 January 2016
In offer of appointment order there is nothing mentioned of jurisdiction. The inquiry was held at head office and I was working in branch office which is quite far from my native place.
Kumar Doab
(Expert) 03 January 2016
The company seems to have offices in many states. You may approach ALCC.
M Singh
(Querist) 07 January 2016
Sir, I want to file case with civil court as there are more chances of filing case were I reside now as employer is having its branch here. On the other hand Labour commissioner replied that my case cannot be filed at my place and it should be filed where the employer has its head office or where I was employed last. My query is that presently I intend to file case with civil court where I reside. After that am I am eligible to file case with Labour commissioner where employer has its head office. Please advice
