Urgent pls guide
sonal
(Querist) 03 July 2014
This query is : Resolved
Hi Guest
Hope you all are doing good.
As discussed in my earlier query, our ex-employee has filed a case on company for recovery of salary and expense. I want to mention that he went absconding with laptop and other things.we have not terminated him and mention in mails that you are suspeded till the time u return the laptop and report to office.
In court he said and in suit prayer he asked in injunction from court agaist us to get laptop from him which is in his custody.
we filed written statement and next date order 7 rule 11 with sec35 cpc for asking false claim and rejection of suit.
In arguements judge dismissed their injunction application in which employee asking salary for months he was absconding coz nothing particular period was mention in appointment letter. judge also dismissed our application saying just because their prayer is not valid i cant dismissed whole suit.
pls guide is this point valid?
Then judge shifted matter in mediation where he disagreed to amount we were giving him.
now again matter is in court..
plsssss guide how can we get our laptop back containing information as judge ordered status quo..
case wil run long but is there any remedy we can get laptopb as early as possible.
also is there any need for counter claim asking laptop to return?
thy agreen in court and also mention in suit thta it is with them.
thy asked in prayer to court that direct defendant to take laptop.
pla guide experts
thanksss
pls guide..
Devajyoti Barman
(Expert) 03 July 2014
Before the disposal of the suit you can not get back the laptop.
Why are you so concerned about the used laptop?
Its value must not be more than what you have already expended in fighting the case.
Advocate Bhasin
(Expert) 04 July 2014
You can take legal recourse under cyber laws for recovery of laptop and data. For further details you can get in touch with me.
legal.pb@gmail.com
Biswanath Roy
(Expert) 04 July 2014
AS IT IS A DISPUTE OF A COMPANY SO THEY ARE FINANCIALLY SOUND TO PAY FEES TO ANY SENIOR ADVOCATE FOR OPINION. WHY THEY ARE SEEKING FREE ADVICE FROM THIS FORUM?
ajay sethi
(Expert) 04 July 2014
company can afford legal fees
Guest
(Expert) 04 July 2014
Question arises, why an employee should feel the need of absconding and suing the company for his monthly salary after working for the company? If he worked for the company, why he was not paid his salary by your company? Do you have a valid reason for withholding his salary?
A company runs with mutual trust & faith between the employer and employees. Why an employee should be expected to trust his employer when the employer canno pose any faith in him and keep on withholding his salary indefinitely? Had you been paying him his salary regularly, he would not have felt the need to abscond and to take the laptop with him.
A further question arises, even if you have suspended him, are you paying subsistence allowance to him for the period of suspension?
Do you feel that people should work free of cost for your company just to starve themselves and their family members, while you try to make profits out of their efforts and labour?
From most of your past queries also, it reveals, even in solving the commercial problems of your company you have been trying to get those solved free of cost by posting at the LCI, rather than hiring services of some local expert.
So, your company needs to hire some local expert to tackle its problems, which I feel are the self creation of the management due to wrong policies only.
T. Kalaiselvan, Advocate
(Expert) 05 July 2014
I appreciate the perfect and proper observation by expert learned Mr. P.S. Dhingra Sir and the author is bound to reply to the queries raised therein. Even I am of the same opinion to that of this expert. The author should have an introspection atleast now.
Advocate Ravinder
(Expert) 05 July 2014
--Now the case is not closed. What the Judge had cited in the Injunctions are quite correct. He had obtained injunction against you not to take laptop, hence you cannot insist for laptop now. If you urgently want the laptop to give the same to other employee, then you have to file another interim application (IA) directing the petitioner to handover the laptop to you, pending disposal of the case, stating the valid reasons. The judge may consider your request.
I also appreciate the advises of Advocates Bhasin and Dhingra.
