seeking legal advice
rajeev k
(Querist) 06 August 2015
This query is : Resolved
WORKED AS SR MGR. CLAIM PETITION WITHDRAWN WITHOUT PREJUDICE BEFORE DELHI SHOPS & ESTABLISHMENT ACT WHILE RECEVING WAGES OF TWO MONTHS AFTER 17 MONTHS. MANAGEMENT ELUDED CROSS EXAMINATION OF FALSE ALLEGATIONS OF SCRAP AND WASTER TO THE TUNE OF RS.20 LACS WRITTEN IN THEIR REPLY FILED AGAINST MY CLAIM PETITION. THEY HAVE TO SELL SCRAP BY GIVING MANDATORY DISCLOSURE TO POLLOUTION DEPTT . CAN I GO BEFORE NGT FOR LOSS OF JOB. THEIR FALSE REPLY IS NOT TANTAMOUNT TO CONTEMPT OF.COURT. KINDLY ADVISE. REGARDS
P. Venu
(Expert) 06 August 2015
What do you mean by "claim petition withdrawn without prejudice to ...... Act"?
Anyhow, you cannot seek any personal relief from the NGT.
Rajendra K Goyal
(Expert) 06 August 2015
Consult local lawyer and show him full case file.
rajeev k
(Querist) 06 August 2015
SIR THANX FOR YOUR ADVICE. THEY HAVE FIRST AVOIDED CROSS EXAMINATION OF THEIR FALSE REPLY AND SALARY OF TWO MONTHS AFTER 17 MONTHS. FILING OF FALSE REPLY IS. NOT A CONTEMPT. NGT CAN ALSO GRANT RELIEF FOR LOSS OF JOB DUE TO HAZARDOUS SUBSTANCE AS FILED BY THEM IN REPLY.
Kumar Doab
(Expert) 06 August 2015
Do you mean that " the pending wages of 2 months were paid after 17 months and after payment you have withdrawn petition without prejudice"?
Falsification of record is offense as per the Act.
I have not gone thru NGT's scope for relief to employee but if you were exposed to hazardous substances that affected your health,organs then you may succeed to stake claim to compensation.
rajeev k
(Querist) 07 August 2015
SIR, WHEN RECD CHQ FOR PAYMENT I HAD TO GIVE LETTER FOR WITHDRAWAL. I WROTE THAT THE MANAGEMENT IS AVOIDING CROSS EXAMINATION N PAYING WAGES BY CHQ. AT THE TIME OF FINAL CLOSURE DY.LAB COMM WROTE IN PRECEDING NOTE PAPER THAT 2ms SALARY GIVEN NOTICE PAY GIVEN. WORKMAN OBJECTED HIS DESIGNATION IN TDS FORM AS IT WAS CONTAINING MGR ADMN DESIGNATION OF MINE WHEREAS I WAS SR MANAGER. CASE CLOSED ON MUTUALLY. BUT I SIGNED FINAL NOTE AS WITHOUT PREJUDICE. NO FALSIFICATION. IT WAS WRITTEN BEFORE AUTHORITY. I HV NOT RECD RELIEVING LETTER TOO. FOR LOSS OF JOB AS PER THEIR REPLY THAT I HAVE NOT GIVEN ACCOUNTS OF 20 LACS. CAN I FILE CASE BEFORE NGT FOR LOSS OF JOB. DOES IT APPLY TO PRIVATE SECTOR. ANNEXURE 2 OF NGT ACT 2010 CLEARS THAT DAMAGES COMPENSATION CAN BE RECOVERED FOR LOSS OF EMPLOYMENT OR BUSINESS. KINDLY ADV IF NOT CLEAR PLEASE GIVE UR EMAIL SO THAT FACTS COULD BE SENT. REGARDS
