We have a sub contractor for plumbing works. we have paid all the bills raised by him. unfortunatly, he has not cleared labour who is belonging to orissa state charges. they file a case against us at orissa. is it correct. the work order it self we mentioned that, all the disputes if any in hyderabad jurisdiction only. pls clarify.
You have no privity of contract with this labour(s) inasmuch as they were not your direct employees.
Since, they acted on the command and direction of the sub-contractor, case if any could have only been filed against him and not you.
If in the contract, both parties have agreed to make way for Court at Hyderabad to have jurisdiction in the matter, the instant complaint pending in the Orrissa court is not maintainable.
1) dispute between you and sub contractor would be subject to jurisdiction of courts at Hyderabad
2) you can object to suit filed in Orissa . take the plea that suit could only have been filed in Hyderabad
3) also mention that full payment has been made by you . enclose proof of payments made
You can go and defend your case at the place where it has been filed and can get it dismissed on the ground of jurisdiction.
Regards
Even if you have not mentioned about the dispute jurisdiction in the labor contract, since the construction or contract work and the project was in your own town/place, then there is no territorial jurisdiction to try the case in Odisha
