Dinesh Divekar
Business Mentor, Consultant And Trainer
Kamalkantps
Advocate
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Consultant In Legal Matters
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Hi Seniors anybody can guide me that for hr executive position, in which court we can file a case against an employer.
From India, Delhi
Dear Kavita,
You need to give your post elaborately. Why you wish to file suit against your employer? How filing suit is related to the designation in HR? Above all I find there is mismatch between heading of your post and the body. The heading says that you wanted to file suit against lawyer and in the body, you have mentioned about employer. Therefore, fix this mismatch first.
Thanks,
Dinesh Divekar

From India, Bangalore
Hi Dinesh Sir

Thanks for responding me. sorry for the typo error. Actually i was working with an organisation as a hr executive since august 2012 and i resigned from my services in the mid of December 2014 even i was serving one month notice period but in between my notice period my immediate boss (junior director of the company) scolds me and force me to give my replacement to them as already lined up the maximum candidates for my replacement (even i am not bounded to give any kind of replacement but i was doing my work honestly) but my immediate boss is not ready to take the interview and starts misbehaving with me and told me to left the office immediately even not take any handover from my side. after this incident i informed to my senior director. after our mails conversation. i asked him to clear my dues and salary amicably but they are not responding me to clear my dues and salary on mail. then i sent them a legal notice through my lawyer on his letter head, according to that legal letter my employer are supposed to give me a response in 15 days which is over today but i still not get any response from their side. now i need a legal guidance for further process to take my documents and salary from my previous employer

From India, Delhi
What are the grievances your lawyer has projected in his notice, pl specify.
From India, New Delhi
Dear Kavita,
If you have served lawyer's notice to your past employer and if there is no response from the employer then your lawyer is the best person to guide you. Now no more options are left except filing a suit against the employer. Let the court issue the summons. Wait for them to make their next move.
Thanks,
Dinesh Divekar

From India, Bangalore
Never foreclose the options. You may not know when one is saved from falling in a ditch because of ill advise of anyone.
From India, New Delhi
Dear Kavita,
Your problem seems to be associated with your unpaid dues and your full and final. You need to approach the labour commissioner of your area and file a complaint against your employer for it. The compitent authority to decide this matter is local labour commissioner. Please approach him with an application detailing everything and i am sure that you will get a resolution.
Best of luck

From India, New Delhi
With due respect, I do not think that a person of HR executive position is performing clerical or supervised duties to bring him/her in the post of a workman. If it be so the labor commissioner will show hands off from exercising jurisdiction as the aggrieved will be out of purview of ID Act. That is why the above said details were sought in previous note.
From India, New Delhi
dear, after issuing legal notice from the lawyer if the ex-employer not respond to your notice you have to file petition in the Labour commissioner under workmen act.
From India, Hyderabad
Workmen compensation Act, 1923 or any other workmen Act is not applicable to the present case, pl.
From India, New Delhi

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