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Civil Case from employer under law 1908 section 9


25-Jul-2023 (In Civil Law)
First let me brief my case. I have been working on an organization for 2.5 years whose main office is in Gujarat and I am working in haryana in a branch office. 1.5 year before they were going to close their office in haryana and so they didn't pay my salary for 5-6 months and terminate me. On this I have put up my case on labor court just after 8-10 months. Now when my case summons reached to Gujarat office, the gujarat owner put up a case against me in civil court under 1908 section 9 stating that I didn't worked for all those time, due to which he loses some business which gives him a loss of around 30 lac. For this he registered a civil case in Gujarat court. Now my questions are: 1. Can he put up a civil case where I already puts up a case against him before his case? 2. If we get any summon related to Gujarat case then can we reply them through post/ email as we cannot travel to Gujarat every time? 3. Can an employer puts a civil case on his employee even after 10 months of term
Answers (3)

Answer #1
572 votes
1. ideally case should be filed in Haryana, A case can be filed in Gujarat only if any act of transaction between you took place in Gujarat. 2. No. you have to engage a lawyer and respond. an application for rejection of case can be filed. 3. yes. for civil case there is three year limitation period.
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Answer #2
977 votes
No need to worry if he put false case then you don't need to worry . you may contact me over phone for a detail conversation about this matter . this is a civil case filed by your employer in Gujarat. you have to appear in person or through your counsel for reply to that case.
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Answer #3
783 votes
technically, he can file a suit in Gujarat however you can try fighting it saying that similar proceeding is pending in labour court already. no, reply to summon will have to go via a lawyer. you will have to engage a lawyer who will have to respond within 30 days of summon being received. you need not travel personally to Gujarat, except for the dates when evidence is conducted. yes, he can file that suit against you
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