I was terminated illegally from my service in the year 2006.
I was under suspension pending domestic enquiry for some misconduct.
While issuing charge sheet company cited model standing orders which was not in my appointment letter. Later company issued a administrative order with back date to give a belated shape of the charge sheet.
I approached before the Shops and Establishment Govt of west bengal to get my full remuneration citing an Apex court order.
Shops and establishment,Govt of west bengal gave an order stating this is beyond their Jurisdiction and requested me to agitate before other forum to get justice.
Now I approached before the high court- kolkata.
Company now telling it is not maintainable in law. The merit of the case is in my favor.
How to answer this point
Which forum should I approach?
In order to get right justice can anyone suggest how to proceed.
There will be some clause in your appointment order which will have the jurisdiction in which the case you can file against the company. Please refer that and proceed further. If it is not mentioned, then you can file a case in civil court of your permanent address / present address jurisdiction or where your company have its corporate office/branch office.
From India, Kumbakonam
Dear Mr S.Bhaskar
Thank you for your advice.
Please note there is no such clause in my appointment letter.
As per my appointment letter it is mentioned
"Your service will be governed by the terms and conditions applicable to your category of employees"
Then you must check your company's website to find out their jurisdiction. If that clause is not available then you can file the case at your place of residence.
For better guidance please consult a good lawyer at your place.
From India, Kumbakonam
Since the charge sheet states that it is under model standing orders,it means that you answer the definition of workman.So the remedy for you is to raise Industrial Dispute under Sec. 2A of the Industrial Disputes Act and they may refer the dispute to appropriate labour Court.
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