Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Dear Korgaonkar
Circumstantial evidence decides whether a resignation was forced or voluntary. In above case the circumstantial evidence is in the favor of lady, as she along with others where forced to resign and these people who were forced to resign can corroborate her evidence.
She can easily win this case, if she files a Writ petition in HC, and also files a complains before Humans Right Commission, for additional mileage.
Regards
Octavious

From India, Mumbai
Dear Octavious, Though I appreciated your post, I do not agree with you that the lady can easily win her case. Therefore I suggested in one of my posts as under:
From India, Mumbai
Dear Korgaonkar
When I say she can easily win the case, I meant she has very good chance of winning the case based upon the merits that are favoring her, the toil she has to put through while she battles the case out is inevitable.
Regards
Octavious

From India, Mumbai
The present case is a case of alleged forced resignation and not of teremination. Normally disputed questions of fact are not entertained before HC in writ proceedings. So remedy will lie before civil court only as discussed earlier. Further it will not lie before human rights commission in view Santosh hospital case of 2005 decision of madras HC to the effect that the commission cannot entertain complaint against private body. But only if such a body is performing public functions when the commission can entertain complaint.
From India, New Delhi
Dear Manisha, to the long in the short... company have to pay all the benefit to you in same case if delivery time within 6 weeks ( 6 month salary) or time more then that only 3 months salary...
all the best
Kanwar

From India, New Delhi
Dear Sushil I hope you understand the meaning of word WRIT . Human Right is for Humans, where does the question of organization or its nature come in to play. Regards Octavious
From India, Mumbai
Dear Octavious,
I do not understand why you are stating whether I understand the meaning of WRIT. Brother my whole life has passed in contesting writs. By the way your advise was to file writ petition in HC and complain before Human Rights Commission. Pl be well aware of the scope of writ jurisdiction and scope of jurisdiction of the Commission where complaints of human rights violations are made. I think reference to the decision in Santosh hospital case would have made the scope of jurisdiction clear that the commission will not entertainthe complaint against private company. We should let ordinary persons drag in improper for a.

From India, New Delhi
Dear Sushil
I am not contesting here about your knowledge and I don't doubt the extent to which you might have filed writs.
I am stating importance of Writ, and its jurisdiction which is self explanatory under Article 226 for HC and 32 for SC.
I have clearly stated approach to Human rights commission is for extra mileage and not for resolution.
Law and justice is different and strategy is totally different from both ,and application of strategy is the tool to achieve justice within the maze of Law.
Regards
Octavious

From India, Mumbai
Dear Octavious,
Strategy should be chalked out within permissible legal frame work. Sometimes while disposing writs heavy costs are imposed after notice has been issued when the respondent cites decisions regarding non maintainability of petition on these grounds.The other side should not be considered as a gullible person. The mighty employers have team of seasoned Advocates who advise them. When you say within the maze of law, it should analyze the above contours and then only act. So even drawing of said extra mileage would be waste of time and money.
Regards.

From India, New Delhi
Dear Sushil
Please revisit the Writ Jurisdiction. Good and very good lawyers think from point of Justice and not Law. I am speaking from the point of Justice.
You are looking and talking about threats and set backs, but I am concentrating on opportunities and strength.
Anyways lets agree to disagree.
Regards
Octavious

From India, Mumbai

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™