While we take up assignments on Registration of Company under the Companies Act, 1956 (now 2013), Factories Act, FSSAI, PF, ESI, Shops & Establishment Act, RWA, Trust, Sale/Lease/Conveyance Deed etc., we guide our clients on nuances of various provisions involved and assist our client in drafting Legal Contracts relating to the above matters.
We take up litigation and pre-litigation assignments from both Employer and Employees. There are specific laws which protect the rights of aggrieved employees of arbitrary action of employers. Such employees can knock the doors of either Labour Court, Labour Commissioner (under Shops & Establishment Act), and Civil Court in order to enforce their rights. Many a times we have seen that employees approach judicial authorities to recover their past dues.
Though, the same specific remedies are not available to Employers. However, Employer can choose amongst the general remedies depending upon the nature of matter. In case the matter relates to recovery, then Employer can approach either Civil Court by paying appropriate amount of Court Fees or can seek redressal by invoking Arbitration Clause, if exists in Appointment Letter. The Employer can seek injunction in case of ongoing damage, and can also file Criminal case against employee.