Civil court has dismissed suit for the want of jurisdiction and said that the suit should have been filled before the labour court. My claim was to recover money from the sugar factory who has withheld my arrears. The court expressed its view that the subject matter comes under the jurisdiction of the labour court. Where I filled another case for illegal termination of my service. That matter is different because that was related to disciplinary proceedings. Civil court has dismissed my case at the admission stage. The objection filled by the defendant in that case is beyond the jurisdiction. Subject matter is not related to civil court and you have to file complaint in the labour court. However, there was no such issue involved because the company has a huge arrear of salary. that salary is not provided by the company after termination of my service. Then I filed a civil suit for the recovery of that arrears from the company along with eighteen percent interest.
In the filing of that civil suit I have submitted a letter issued by the company when I claimed my arrears. That letter is an affirmation of the company which is good evidence to show that the company has withheld my money. again i submitted a declaration issued by the company to all employees to fill and submit a claim form for payment of arrears. That declaration is clinching proof that company has my money.
Asked from: Maharashtra
The civil court has erroneously dismissed your suit. It is proven from the facts of your case that the sugar company has not paid the arrears of salary to its employees. This is a separate issue and is nowhere connected with the disciplinary proceedings. You are not claiming the amount of money deducted by the company in the culmination of disciplinary proceedings.
That money was part of your salary which has not been paid due to some other reason. In this scenario, the cause of action arose when the company did not pay that amount, even after the filing of the claim form. At that time, no disciplinary proceedings were initiated against you. You are entitled to receive that money as a regular employee. Your delinquency was not in question. You should file an appeal against the order of the civil judge. The civil court has dismissed the suit erroneously on the lack of jurisdiction of subject matter. For more legal help please visit Kanoon India.
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