Hi, I was wrongfully terminated 22 months back. The Company had not mentioned any reason in 'Termination' letter. As I was holding a managerial position, therefore, labour court laws are not applicable in my case and I can not apply in labour court. I have following queries:- 1. My permanent residence is in Kavi Nagar, Ghaziabad but the office was in Gurgaon. Now I have got a job in Hyderabad. Question - Where can I apply - Ghaziabad court or Gurgoan or Hyderabad? 2. Fee - I sent a legal notice to the employer 22 months back (compensation INR 2.25 crore). If the law allows me to go in lower court (Ghaziabad), how much court fee will I have to pay as a deposit (or % of compensation claim)? 3. Fees Exemption - If I opt to pay the court fee later (fee deposit after 3-4 months from suit filing date), can I get the exemption? 4. It has been 22 months now for termination. Is there any time limit to file civil lawsuit for compensation (wrongful termination)? Example: within 2 years or 3 years or 5 years 5. Any landmark judgement where employee won case in wrongful termination without any reason? Please share if you know Thanks Rajesh Kumar
1) A majority of private employment in India is bound by the terms mentioned in the appointment letter.
2) The letter forms the basis of the contract between the employee and the employer and is enforceable both ways under the Indian Contract Act 1872. It is advisable to carefully read the entire employment letter.
3) The court fees are vary from state to state on an average 3% of your claim can be stamp duty.
4) yes there is limitations period but you're still in the race.
Your company can't terminate your service without giving any reason or notice. It is violation of labour laws. Send them a notice through a lawyer for illegal termination.
1. Gurgaon.
2.court fee will be applicable
3. You can seek time to deposit
4. 3 years
You have to apply in Gurgaon
2) court fees is state subject and varies from state to state
3) you would not get exemption from payment of court fees as you are not indigent person
4) suit has to be filed within period of 3 years
1. You have to file a civil suit before the court in Gurgaon.
2. You cannot file in Gazibad the matter as per valuation has to be filed before appropriate forum in haryana and court fee for same is applicable.
3. No such exemption is not available.
4. For recovery of damages it is 3 years.
5. See your advocate as per merits of your case can search for the judgement in the case,
Gurgoan.
Manager is also an employee, labor court only. No such hefty compensation but job back/one month pay/compensatory damages, and other expenses in a successful lawsuit.
No time limit but must file within reasonable time.
You can file suit either in gurgoan or ghaziabad.
Court fee would be around 3% of the claim amount.
You cannot opt to pay court fee at later stage.
There is a limitation of 3 years for filing the suit for compensation.
1. The cause of action will be in the place where you last worked hence you may have to file in that jurisdiction only. Please remember that you can file only a writ petition before high court.
2. The court fee differs from one state to another hence you may first ascertain the state in which you would be filing this case.
3. No. The court fee has to be paid at the time of filing the suit.
4. Three years.
