Please Advise if I can file the case in Orissa
Biplab Swain
(Querist) 28 April 2009
This query is : Resolved
Before bothering you with my querry, Please allow me to describe the situation.
I was working with a courier company which has changed its name 3 times in last 12 years. My term is 12 years. I was dispensed with without assigning any reason in July 2008. I need to file a Gratuity & unpaid dues case now as all my communiqueue during this period has gone unheeded & the company is adamant to pay. I'm now staying in Orissa as there is a danger to my life in Delhi from the company's goons. Following are some important developments in my case:
1. The company doesnot issue Appointment letter till my dispensation. However, they have issued back dated Appointment letters after that. But my letter to the management has well documented that before my dispensation.(I can prove that it is back dated).
2. The company, during the course of my VISA application did issue letters to different consulates describing my Service periods.
3. I was employed in Delhi(They dont have any office in Orissa). However, the Memorandum and Articles doesnot speak anything about the jurisdiction, yet the appointment letter to other staff does mention that they can transfer anybody to anywhere in India, yet is again silent about jurisdiction in case of disputes.
4. While I was dispensed,I have been physically attacked & verbally threatened over Phones (Even in Orissa) by the company's goons. The same has been lodged with Delhi Police at Dwarka & Naraina with Diary entries.
Now the question is :
1. Since there is an iminent danger to my life in Delhi, How can I file my Gratuity Case & Unpaid dues case in Cuttack.
2. Furthermore,I dont have any mode of income as of now & am unable to fight a case at Delhi. What would be the recourse for the same.
3.I do have enough Documentary proof to prove my case beyaond any foreseeable doubt.
4. Is there any case which can be refferred for my aid & help?
Thanks
Biplab
Y V Vishweshwar Rao
(Expert) 29 April 2009
Mr Swain !
You can file suit by pleading all the above fats and also your apprehension of danger to you life at Delhi , you can file a suit at your place of residence - Orissa - Cuttak ! as per Section 19 of C P C
with regards !
Biplab Swain
(Querist) 29 April 2009
Thank You Sir for your advise. Any Citations for the same?
Y V Vishweshwar Rao
(Expert) 29 April 2009
Mr Swain You contact Your Local advocate and he will look after the case and citations
Uma parameswaran
(Expert) 29 April 2009
You can file for police protection and also avail the help of an Advocate in Delhi.From this site itself you can find out Advocates who were helping poor and downtrodden litigants.
Biplab Swain
(Querist) 30 April 2009
Thank You for the advises & leads to both the experts, Will definitely follow them. As forthe ploice protection, well the same was not provided even after applying & repeated requests resulting in my leaving Delhi.
