1. ram kumar
  2. Procedure: Criminal Law
  3. Wednesday, October 11 2017, 03:11 PM
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The company I was working lodged a criminal complaint with bad intentions against me and did not pay my termination benefits. I went to high count and high court quashed the FIR. I have following questions.
1. Who can appeal to high court or Supreme Court for review against quash (Company lawyer Or the company HR who lodged the complaint Or police)? Or any one of them?
2. After elapse 60 days period after quash order can company / police appeal for view?
3. What legal remedies do I have now to see that company does not harass me further?
4. How can I claim my termination benefits?
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Bidhayak Acharyya Accepted Answer
1. Review = same court, Special Leave to Appeal = Supreme Court. Company has to authorize someone to file a review or appeal. State may also prefer appeal as it was a cognizable criminal case.

2. Limitation period may be irrelevant because there is every possibility of condonation of delay.

3. Don't do anything in the criminal case unless you receive any notice from court. As the case is not existing you need not worry.

4. File a recovery case under the Payment of Wages Act and other labour laws as necessary before the Assistant Labour Commissioner of your district.
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  2. Procedure: Criminal Law
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