Legal Question in Workers Comp in India

Dear Sir,

I have filed a case in labour court on my company management and got the judgment on my favor in last year. The company closed the shutters and left to USA.

The orders and show cause notice were served through email to the directors of the company through Assistant Commissioner of Labour � III email id ( earlier the company directors responded for the labour court notices through email only as RPAD was returned un-served ).

One of the director responded through email from the company official ID below:

To the Honorable Assistant Commissioner of Labour -

Circle / Ward III, Hyderabad AP

Dear Sir,

We will respond to this E-Mail Notification in writing either as a response back to this email that we received or as Registered Delivery to your offices.

However, since I am on travel currently and especially as we do not live in India, please grant us permission to submit our response to the show cause notice before the 15th of November 2012 (30 days from the date of receipt of this notification).

*****

Till then the company not responded further and the labour court filed a case at � Additional Chief Metropolitan Magistrate, Nampally� for further recovery of unpaid wages.

Last month Metropolitan Magistrate ordered for issue of Summons to the Directors of the company. The summons were sent through RPAD and returned un-served. Again Magistrate ordered for fresh summons in this month.

The summons/Notices were sent through RPAD to their permanent address in Hyderabad ( As per the address in their Pass-port )

The first and second summons were also sent through email from � Assistant commissioner of Labour � III� email id and got served to their respective official and personnel email id�s ( Not bounced ).

My question is whether Metropolitan Magistrate will accept the Legality of the email served by the Assistant commissioner of Labour � III., if not accepted by the Metropolitan court , how the summons to be served who are living in abroad.

Please guide me regarding as my case was posted to 23rd of this month

Subrahmanyam


Asked on 8/09/13, 2:48 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

09.08.2013

Dear Subrahmanyam,

Email is an internationally recognized legal medium of communication. From the email sent by the opponent, you should lodge the Court summons application against the opponents with the local Police and the Regional Passport Authority and bring the matter to their attention too. Thereafter, you should inform the opponents that you have lodged your complaint to the two authorities mailing scanned copies of the acknowledgements to them, and instructing them to immediately pay and settle all your pending salary dues. So what if they are travelling abroad ... they can swiftly make the remittance to your bank A/c from any part of the World ... "Where there is a Will; there is a way".

Regards,

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Answered on 8/09/13, 3:11 am


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