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ALOK ARADHE, ANANT RAMANATH HEGDE
Winnifred Lewis – Appellant
Versus
S G S India Private Limited – Respondent
| Table of Content |
|---|
| 1. employment and termination details (Para 1 , 2 , 3 , 4) |
| 2. arguments on jurisdiction and termination process (Para 5 , 6) |
| 3. analysis of jurisdiction and validity of termination (Para 7 , 8 , 9 , 10) |
| 4. conclusion: appeal dismissed based on findings (Para 11) |
JUDGMENT
Mr Alok Aradhe, J. - This is an intra court appeal arising out of order dated 07.03.2018 passed by the learned Single Judge by which the writ petition preferred by the appellant has been dismissed and the award dated 14.02.2014 passed by the labour court has been affirmed.
2. The facts giving rise to filing of this appeal in nut shell are that respondent was appointed on 02.05.2005 on a consolidated pay of Rs.8,000/- per month for a period of one year. Thereafter, she was appointed as Junior Executive as well with effect from 01.05.2006.
The parties had entered into a contract dated 18.05.2006. Clause 4 of the aforesaid contract provides that services of the appellant could be terminated by the respondent either by giving two months notice or by paying two months salary in lieu thereof. In accordance with Clause 4 of the aforesaid contract, by an order dated 04.03.2011 the services of the appellant were te
The Labour Court had jurisdiction over the dispute as the cause of action arose within its area, and the respondent's participation indicated acceptance of that jurisdiction.
Whenever any proceedings are filed before any Authority or Court and if one of party were to raise an objection as regards pecuniary jurisdiction or territorial jurisdiction, said Court could decide ....
The Labour Court at Chandigarh has jurisdiction to adjudicate the termination claim as the decision to terminate was made at the head office in Chandigarh, establishing part of the cause of action th....
The situs of employment is an important factor which determines the jurisdiction. The cause of action is to be determined by applying the principle as enumerated in Code of Civil Procedure, 1908. The....
The jurisdiction of an Industrial Tribunal is based on the location of the cause of action, and it cannot extend to areas where the cause of action did not arise, even if related orders are served el....
Termination without notice violates Section 25F of the Industrial Disputes Act, leading to reinstatement and back wages for the workman.
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