Hi,
My service was terminated for some misconduct without any legal sanction in July 2006. I approached the Shops and Establishment Government of West Bengal to get back my full salary during my suspension period as per an Apex court Order. The company showed an Administrative with a back date to give a belated legal shape of their Charge Sheet. It was rejected by the authority. The Shops and Establishment Government of West Bengal gave an order with the limitation of their power to agitate in another forum to get justice. I approached the Labor Tribunal where it was dismissed due to my absence as I was not present at that time due to my family problem. Then I approached the High Court - Kolkata which is now in progress. Now the company raised an objection about the maintainability of the case. As the merit of the case is in my favor, can anyone suggest about the maintainability of the case? Which other forum can I proceed to get justice?
Nabolbona
From India, Calcutta
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2My service was terminated for some misconduct without any legal sanction in July 2006. I approached the Shops and Establishment Government of West Bengal to get back my full salary during my suspension period as per an Apex court Order. The company showed an Administrative with a back date to give a belated legal shape of their Charge Sheet. It was rejected by the authority. The Shops and Establishment Government of West Bengal gave an order with the limitation of their power to agitate in another forum to get justice. I approached the Labor Tribunal where it was dismissed due to my absence as I was not present at that time due to my family problem. Then I approached the High Court - Kolkata which is now in progress. Now the company raised an objection about the maintainability of the case. As the merit of the case is in my favor, can anyone suggest about the maintainability of the case? Which other forum can I proceed to get justice?
Nabolbona
From India, Calcutta
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Dear Nabolbona,
I appreciate your courage in taking the matter to the High Court. I am sure if a few others have similar courage, it will result in fair employment policies. As things stand now, employers violate even the provisions of the Acts with impunity, knowing well that employees would look for another job instead of "wasting" time and money on a court case.
I hope and wish you get a favorable judgment that will be quoted extensively and in CiteHR too. I am sure your lawyer will give you appropriate advice and guidance on the question raised by you.
Warm regards.
From India, Delhi
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I appreciate your courage in taking the matter to the High Court. I am sure if a few others have similar courage, it will result in fair employment policies. As things stand now, employers violate even the provisions of the Acts with impunity, knowing well that employees would look for another job instead of "wasting" time and money on a court case.
I hope and wish you get a favorable judgment that will be quoted extensively and in CiteHR too. I am sure your lawyer will give you appropriate advice and guidance on the question raised by you.
Warm regards.
From India, Delhi
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DEar Mr Rajkumar, Thanks for your comments. Now the company raised an objection about the maintainability in law of the case. I will be delighted if you guide me in this matter.
From India, Calcutta
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From India, Calcutta
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Dear Nabolbona,
I have gone through your earlier thread posted in June 2010:
https://www.citehr.com/259961-unfair...igh-court.html
It is common to find the respondents/defendants taking the plea of non-maintainability of the suit/petition and thus request the Honorable court to DISMISS the suit by quoting the relevant grounds/provision of the Act applicable or any other factor which is extraneous to the matter, and that it is against the legal provisions.
It is not known what grounds the company has prayed for prima facie dismissal of the case on account of its maintainability.
Not being a practicing lawyer myself, the matter is beyond my competency. I suggest you take the services of an HC lawyer well versed with Company and labor matters and pray to the Court against dismissal of the suit on the grounds cited not being sufficient and adequate and that the issue relating to the maintainability of the petition shall also be decided along with the other issues.
Warm regards.
From India, Delhi
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I have gone through your earlier thread posted in June 2010:
https://www.citehr.com/259961-unfair...igh-court.html
It is common to find the respondents/defendants taking the plea of non-maintainability of the suit/petition and thus request the Honorable court to DISMISS the suit by quoting the relevant grounds/provision of the Act applicable or any other factor which is extraneous to the matter, and that it is against the legal provisions.
It is not known what grounds the company has prayed for prima facie dismissal of the case on account of its maintainability.
Not being a practicing lawyer myself, the matter is beyond my competency. I suggest you take the services of an HC lawyer well versed with Company and labor matters and pray to the Court against dismissal of the suit on the grounds cited not being sufficient and adequate and that the issue relating to the maintainability of the petition shall also be decided along with the other issues.
Warm regards.
From India, Delhi
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