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sham   20 April 2018

Filing another case before labor court, one already pending

Hello all Experts,

                              My one case of Industrial Dispute is already under proceedings and now comapny has fraudulent under pressure sign and agreement with me and taken resign under duress , against which i have give compalint to Labour commissioner and conciliations date is 25/04/2018 .

                            Most probably conciliations will be failed and case referrence will be forwarded to labour court challenging the agreements under duress.

                         My query is can two cases where complainnat and respondent are the same is legal .Means  when my one ID dispute is pending , will the new case filing is as per law.

                        Actually my previous case reference is of malice /punitive transfer order and new case is of challenging the agreements under duress and fraud.

                     please guide the best legal way.

                    Regards



Learning

 5 Replies

Suri.Sravan Kumar (senior)     20 April 2018

the cause of actions are different and the reliefs are also different.

sham   20 April 2018

Respected Sh.Suri Sravan G,

                                                    thanks for giving relief, although your langauage used in reply is techanical and court language , i believe it is clear meaning   second case filing is proper as per law.

                                                    Great thanx and Namaskar G

                                                     sham

Ritesh Maity (Labour Law Advocate)     20 April 2018

If the reasons for filling are different, then you can file two different case. 

 

 

sham   21 April 2018

Hello  Mr.Ritesh G and Mr.Suri,

                                                  Good Morning -namaskar

                                               Reasons are different , first case refrence is subjecting to malice transfer order and in due course comapny under duress forced  me to sign separation agreements or face termination and same is challenged in second case which is under conciliations and employer is not turning up to attend concilaitions .

                                              My concern is my  employer will challenge this that when one case of malice transfer order is under proceedings before the labour court  is going on , how can i file new case.Moreover employer is claimimg that such agreements i have signed voluntarily , where as i have strong evidences that i was compelled and threatened to come to separation agreements or face termination.

                                           I mean to say during pendency section -33 is not applicable as agreements are being signed by me and  am not backing from it , only fact is same were obtained not submitted under utter starvation compelling circumstances and fear of termination , against which i have evidences.

                                         I mean to say i need to challenge the such agreements under duress and get it declared illegal there after  that i can submit application requesting to section-33 could be imposed.

                                        My further query is  will these two cases will be clubbed together or will continue separately when both applicant and respondents are same.

                                       Regards

                                   

                                         

sham   23 April 2018

hello all experts,

                                 do respond on subject matter of is section 33- applicable?


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