We are having a manufacturing industry in Rajasthan and branch/marketing offices in different states. The keyman or Manager is appointed by the Manufacturing place also called Headoffice. Head Office employs Branch Managers with a service contract. One term of the contract is that Jurisdiction of any dispute will be at the law court of Headoffice. In one case a Manager employed at Bangalore with whom we had a service contract which expired in 2009 continued in service till relieved. His PF, ESI, and Gratuity, etc were paid out from H.O. After seven months he filed an appeal in the Labour Court of Bangalore claiming that since he was working in Bangalore his jurisdiction is also at Bangalore. He claimed compensation under section 34 of the Shop and Establishment Act asking for reinstatement, back wages, and others.
My questions are
1. Whether jurisdiction is at law court of the place of H.O. or Bangalore in the above situation though service contract expired but service continued till relieved.
2. Whether employee (Manager) can sue under Shop and Establishment Act of Karnataka after seven month of termination of service.?
3.As we had treated him as employee under Factory Act and accordingly given all facilities as per Act and cleared his gratuity etc.can still he sue us under Shop and Establishment Act of Karnataka.
My questions are
1. Whether jurisdiction is at law court of the place of H.O. or Bangalore in the above situation though service contract expired but service continued till relieved.
2. Whether employee (Manager) can sue under Shop and Establishment Act of Karnataka after seven month of termination of service.?
3.As we had treated him as employee under Factory Act and accordingly given all facilities as per Act and cleared his gratuity etc.can still he sue us under Shop and Establishment Act of Karnataka.