Cheryl Castellino
in Corporate Law
Asked January 31, 2018

unfair dismissal in job

  • 3 Answers
  • 528 Views

I was working in a pvt company in Mumbai in 2011 to 2012. I was confirmed after 6 months. My services were suddenly terminated in Jan 2012. I have filed a case in Mumbai city civil court in 2013, The notice motion was issued. My advocate had not mentioned the prayer in the notice motion so it had come for Chamber Summons. My advocate had not been appearing for a long time so I now have no advoate. Also the defendant is not appearing nor his advocate is appearing. Please let me know if I will get justice in terms of my arrears in salary and also reinstatement.

Answers 3

I don't have any idea why your lawyer is not appearing?I dn't know the grounds under which you have filed a case before the Mumbai Civil Court, the better option left before you is to file a complaint before the labour commissioner stating all the facts ad circumstances of the case along with all the documentation you have in your disposal.If the commissioner finds it illegal then it will order the company to pay off your arrear salary.

Thanks.

Agree Comment 0 Agrees almost 4 years ago

Yes, you will get justice subject to you have to complied with proceedure of court. You can engage another advocate to complete your court work.

Agree Comment 0 Agrees almost 4 years ago

Hi,

In fact whether you will get your arrears in salary and also reinstatement will depend upon the merits of the matter, which will be decided after full hearing. Right now your problem is that your Advocate is not appearing or not taking appropriate steps to proceed in the matter. So either appoint a new advocate or complaint against your present advocate in Bar Council of Maharashtra & Goa u/s 35 of Advocates Act, 1961 for non performing his duties.

Regards,

Ajit Lakhani

Agree Comment 0 Agrees almost 4 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.