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I worked at pvt ltd at chennai but company is corporate is in Gurgaon they deducting 40 k to say that u have not collectet money from vendor I file a case in labour court but reply is that u go to petition section 33(2)c boz your salary is exeted to 18000/
Where I file petition at gurgaon or chennai
At labour court or at.....
19th October 2016 From India, Delhi
Dear Mr.Raj,
The appointment letter contains a clause regarding court jurisdiction in case of disputes.
Kindly check that.
Labour court will not be able to help you out.Approach civil court.
Regards,
Col.Rathi
19th October 2016 From India, Delhi
#Anonymous
Since your place of work was Chennai and the salary was paid in Chennai, the jurisdiction will be Chennai. Does not your lawyer guide and advise you.
19th October 2016 From Indonesia, Jakarta
Mr Subhash Raj,
You have not shared your designation, nature of duties / work performed and exact pay. Just salary criteria can not define whether you are a workman or not.
Anyway, if you are not a workman or not the jurisdiction will be your place of posting.
P K Sharma
19th October 2016 From India, Delhi
Dear Subhash Raj,
I fully agree with Sh PK Sharma that unless you give the full details of case you can't expect proper guidance or solution from senior members.You should have mention:-
1.the type of company or organization whether it's manufacturing company or office.
2. total no.of employees working there
3.what is your position, functions or designation in the company.
4.what is your salary.
5.who was responsible for collecting Rs 40000/-from the vendor, is it your negligence or lapse.
6.can money be collected from vendor now and paid to the employer to get yourself absolve from the charges of lapse.
7.any other relevant information,which is related to your case.
BS Kalsi,
Member since August, 2011
19th October 2016 From India, Mumbai
Cheque Bouncing amount cannot be recovered from the employee, tell your company that whether the same has been disclosed in the employment terms & condition, if not then you can file a civil suit against the employer but you will lose your job soon, so act accordingly
21st October 2016 From India, Ahmadabad
#Anonymous
Thanks Dear B S Kalasi,P K Sharma and col.Rathi

I m giving details as noted below

1. Company is logistics and transport know as varuna intergrated log.pvt ltd

2.Total employee apppx. 250 Or more but in Chennai branch we were 10 employee ...

3.I was in position of vendor development Manager

4 My salary was 32500/- monthly

5. Actually I placed company vehicle to vendor and I was responsible for cheque collectio but it's not in written during my service I placed appx.200-250 vehicles and collected all payment but one vehicle cheque bounced .....account department informed me after 15 days of bounce and after that I was not in Chennai for 20 days was at Gurgaon office and after that 8 days leave / no help received by Zonal Manager and Branch Manager during that period after that I collected and submitted at office RS. 40000/ from total amount 80000/- after that I asked approval from senior manager or Zonal Manager for case file against vendor but they not given approval in written or varuval

6. No vendor found guilty and he closed office and tuck amount from different trtransporter and Runn away from Chennai now we don't have any contact no of same vendor but some other transporter already file case against same vendor for their amount

Company deducting amount from maximum employee and not paying their full and final currectlly so that employees are doing max .5-6 Month job . employee who has left not getting their final with satisfaction but no one going to legal to see fees and other expenses ....

I visited employer 10-12 times but not giving time to Meet or not giving reply

I have all proof that I was not responsible for the same

I was not negligencor lapse.

Regards
22nd October 2016 From India, Delhi
Dear Subhash Raj,
Thanks for your point wise reply to my mail.The Negotiable Instruments Act, 1881 is applicable for the cases of dishonour of cheque. Your company should have given you the permission to file the case against the defaulting party. They cannot deduct the amount of Rs 40k from you unless they prove you guilty of negligence by holding proper enquiry into the matter. If they do so, you have a remedy of going to civil court for relief.
BS Kalsi,
Member since August, 2011
22nd October 2016 From India, Mumbai
Dear Subhash Raj,
In further reference to my earliar reply, I would like to add that as you have mentioned that "I file a case in labour court but reply is that u go to petition section 33(2)c boz your salary is exceeds 18000/." and enquired as to where you should file application at gurgaon or chennai.
Let me make it clear that it is 33C(2) and not 33(2)(c) as mentioned by you.You can't get relief under that Act because you are not covered under the definition of the "workman". As suggested in my previous mail your remedies in your case lies in Civil Court and jurisdiction shall be where the cause of your termination has occurred.
BS Kalsi,
Member since August, 2011
23rd October 2016 From India, Mumbai
33(c)(2) I’d act.1947 Really I tired thare will be expances to file case and need time At chennai I have given written complain and received reply from chennai labour office
24th October 2016 From India, Delhi
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