Can an Employee File a Salary Recovery Suit in a City Without Our Office? Seeking Clarity on Jurisdiction

One of our employees has filed a suit for the recovery of salary and gratuity despite being given a one-month notice. He has also filed for retrenchment compensation in the Labour Court in Lucknow. He was given a one-month notice period in May 2018 and was relieved in June 2018. However, he did not properly hand over charges and did not come to Hyderabad for the final settlement. It is important to note that we do not have an office in Lucknow.

Can a suit be filed in a location without a registered office?

The question arises as to whether he can file a suit in Lucknow when we do not have a registered office there. Kindly clarify this matter.

In any industrial disputes between the employer and the employees, including claims for monetary compensation, only the place where the employees work or worked last is the deciding factor for determining the jurisdiction of the authority for redressal.

Retrenchment and Compensation

Your post is a bit confusing because it also mentions retrenchment. If the retrenchment compensation is not paid at the time of retrenchment itself, the retrenchment will become illegal.

To answer your question, we need the following answers from you:

1. What type of establishment is it? (e.g., Factory, Mines, Shops & commercial establishment)

2. What is the designation of the employee?

3. Where was he working, Hyderabad or Lucknow?

4. What was the cause of his termination and the terms of notice for such termination?

The jurisdiction of the case can be ascertained from the above information.