Why has your friend not approached a labour court which is the appropriate forum? On what grounds was he compelled to resign? Please ask your friend to contact a labour lawyer and seek proper advice based on the facts of the case.
Section 14, 34 & 41 of the Specific Relief Act 1963
My manager friend was forced to resign by the company which was Private Limited after 23 years of service. My friend opted for legal remedy. The company as a defendant submitted the following para " That is well settled law that the Civil Court has no jurisdiction to pass an order which would have the effect on specific performance of a contract of personnel in private employment. The suit of the plaintiff is challenging terminating his service and seeking continuation of his service is not legally maintainable and is also barred by the principal of estoppels and provisions of section 14, 34 & 41 of the Specific Relief Act 1963" The question is - What should my friend do to advocate against these sections -What is the remedy in this scenario
Asked 2 years ago in Labour
11 Answers
It is not known what case has been filed.
For reinstatement of his employment and the employment benefits he may have to approach the labor court only if he is coming under the labor category or he should have approached the high court with a writ petition seeking the reliefs.
The civil court cannot pass any order under specific relief act for the matters related to labor law.
This is an old case where in My friend approached Assistant Labour Commissioner (ALC), which forwarded the case to Industrial Tribunal. The legal advice given over there is that it is a civil suit and hence dealt over there. So this suit was filed in 2017 (after deliberation of 2 years at ALC & Industrial Tribunal) and since continuing over as Civil Suit. The defendant party pitched that this should be transferred to Industrial Tribunal but the presiding Judge overruled that (we have the order with us) and since then it is continuing over here. My Question - What the remedy for my friend at this juncture considering plaintiff and defendant evidence are complete and case is at Final Argument Stage. Regards
Asked 2 years ago
The said case will be first maintainable in labour court only if labour court jurisdiction is not tenable you can approach civil court
He had to approach labor court/industrial tribunal.
well now wait for final argument. Let the court pass the order first.
It can be presumed that you have filed a suit for mandatory injunction to direct the employer to set aside the termination order, to reinstate you alternately to settle the full and final settlement amount.
As the case is pending for final argument, you have to wait for the judgement to be pronounced in order to decide on further course of action
As the suit has reached the arguments stage, let your friend's lawyer argue the case to the best of his/her ability based on the facts and circumstances. Nothing more needs to be done at this stage.
- As per law, an employer can terminate its employee , if found guilty of willful insubordination or disobedience; theft, fraud, or dishonesty; willful damage to or loss of employer’s goods; partaking of bribes or any illegal gratification; absence without leave for more than 10 days; habitual late attendance; disorderly behavior during working hours; or habitual negligence of work.
- Further, an employer cannot terminate an employee without giving the employee at least 30 days of notice or a salary in lieu of such notice.
- Further, as per the Industrial Disputes Act, any such employee who has been employed for greater than a year can only be terminated after permission is granted by a suitable government office. Additionally, an employer must provide valid reason for termination and pay a severance amount that is equivalent to 15 days’ average salary for each year of uninterrupted employment.
- Hence, if the company has terminated him without a valid reason , then he can approach the Labor Tribunal under the Industrial disputes Act.
- However, as he has already filed a civil suit for restoration of the employment , then he should wait for the outcome of that civil suit and then do the needful if not get relief.
Civil court has no jurisdiction in respect of labour disputes under specific relief act
you want civil court to set aside your termination order .it is doubtful that court would grant you reliefs sought for in civil suit
Wait for court to pass final orders in your case
Dear Client,
The nature of the filed case is currently unknown. However, it appears that the individual is seeking reinstatement of their employment and associated employment benefits. To pursue this matter, there are specific legal avenues available based on their employment category.
If the individual falls under the labor category, they should approach the labor court for redressal. Alternatively, they have the option to approach the high court with a writ petition to seek the required reliefs.
It's important to note that the civil court cannot issue orders under the Specific Relief Act in matters pertaining to labor law. Hence, filing a suit for a mandatory injunction to have the termination order set aside and to be reinstated, or to reach a full and final settlement amount, would be appropriate in this situation.
Since the case is currently pending final arguments, the individual will need to wait for the judgment to be pronounced before deciding on any further course of action. Patience is required until the court reaches a decision in the matter.
