procedure for case against company

advocate satya (Querist) 30 September 2008 This query is : Resolved
sir
what is the procedure if someone working as manager in a company removed from the company without notice. do he has to approach high court or district court and under which section and which act he can file his case?

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Guest (Expert) 30 September 2008
First issue a notice that you going to take appropriate legal action and give a time of one week, if do not get reply within that time, you can go to court.

SHEKHAR MISHRA (Expert) 30 September 2008
Dear Satyajee,
In a situation like that you can move the concerned High Court under Art.226 by filing a Writ petition.

H. S. Thukral (Expert) 30 September 2008
You can not approach HC under Art 226 if you are employed in a private domain. Your remedy if any is available in the terms of your contract of employment. If you were a permanent employee and were employed up to age of superanuation you can claim damages for premature termination of employment. If your concern is about notice only then go through the terms of appointment whether there was a prerequisite of a notice from either side.

G. ARAVINTHAN (Expert) 30 September 2008
Kotresh Sir is right. First the Manager have to send a legal notice and the only can approach Court as it may be in the terms and conditions of the Employment

ARVIND JAIN (Expert) 30 September 2008
I THINK THERE IS NO DISPUTE OVER THE ISSUE NOW.

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