Search Results

PETITION FOR JUDICIAL SEPARATION  In the District Court of......................... at....................... Case Name: In the matter of S.10 of the Hindu Marriage Act 1955, and in the matter of: Rita................................................................................ Petitioner  versus Shyam..................................................................................Respondent RESPECTFULLY SHWETH:  1. That at all material times and at present the parties to the proceedings were and are Hindu and so ruled by the Hindu Marriage Act 1955.  2. That on the ............... day of ................... the applicant was duly married to Shyam at........................ and the said marriage was solemnized according to Hindu rites. (An extract from the Marriage Registrar or an affidavit duly attested to be filed).  3. That the following are the issues of the said marriage (name, date of birth, age and sex). 4. That ever since the said marriage and until the ............ day of ........................ the applicant and the said Shyam cohabited and lived as husband and wife at. ............................ when he withdrew himself from the society of applicant without any probable or reasonable cause and thereby deserted her to all purposes and intents.  5. That from and soon after the marriage the said Shyam habitually and with very few exceptions conducted himself towards the applicant with severe cruelty and harshness by abusing her in most filthy language (state particulars of cruelty).  6. That applicant has not in any way been party to or connived at or condoned any of the said acts of Shyam. 7. That the said Shyam also maliciously, falsely charged the applicant as having committed adultery, abused the applicant in several manners and treated the applicant with such cruelty as cause a reasonable fear in the mind of the applicant that it will be most harmful /injurious for the petitioner to live further with the said Shyam.  8. That there were no prior proceedings between the parties and there is no collusion between the applicant and Shyam relating to the subject-matter of present petition. 9. That this court has jurisdiction to entertain this application as the marriage was celebrated at (the parties reside or last resided within the jurisdiction of this court). The applicant therefore prays for a decree for judicial separation between the applicant and the said Shyam. Petitioner’s Signature.  Verification I, Rita, daughter of …., and wife of Shyam aged about ............ years by occupation housewife residing at............ do hereby solemnly affirm and say as follows:  I am the petitioner above-named and I know and I have made my acquainted with the facts and circumstances of this case.  The statements in paragraphs 1 to 9 are true to my knowledge and belief.  I sign this verification on this ............ day of............... at the Court House at...............  Petitioner’s Signature.  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

PETITION FOR JUDICIAL SEPARATION SPECIAL MARRIAGE ACT IN THE DISTRICT COURT AT.................... ........................................................................ Petitioner versus  ..................................................................... Respondent Petition for judicial separation under Section 23 of the Special Marriage Act, 1954 (No. 43 of 1954) The petitioner prays as follows: — 1. The petitioner is the husband/wife of the respondent. The marriage between the parties was solemnized/registered under Chapter II/Chapter HI of Act the Act by the Marriage Officer of.................... at................. on................. A certified copy of the certificate of marriage is attached with this petition: 2. The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows: Husband Wife Status Status Age Age Place of Residence Place of Residence (i) Before marriage (ii) At the time of filing the petition 3. (In this paragraph state the names of the children, if any of the marriage together with their sex, dates of birth or ages). 4. The respondent has.................... (any one or more of the grounds available for judicial separation may be pleaded here. The matrimonial offences charged should be set in separate paragraphs with time and places of their alleged commission. The facts on which the claim to relief is founded should be stated in accordance with the Rules and as distinctly as the nature of the case permits). 5. (Where the ground of petition is adultery). The petitioner has not in any manner been accessory to or convinced at or condoned the adultery. 6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruelty. 7. Where has not been any unnecessary or improper delay in filing the petition. 8. The petition is not presented in collusion with the respondent. 9. There is no other legal ground why relief should not be granted. 10. There has not been any previous proceedings with regard to the marriage by or on behalf of the parties. OR There have been the following previous proceedings with regard to the marriage by or on behalf of the parties: — Serial No. Name of Parties Name of Proceedings with section of the Act Number and date and year of the case Name and location of the court Result (i) (ii) (iii) (iv) 11. The marriage was solemnized at........................................ The parties last resided together at........................................ The parties are now residing at........................................ (within the local limits of the ordinary original jurisdiction of this Court). 12. The petitioner submits that this Hon’ble Court has jurisdiction to entertain this petition. 13. The petitioner, therefore, prays for a decree for judicial separation against the respondent. Petitioner  VERIFICATION The abovenamed petitioner states on solemn affirmation that Paras................. to.................... of the petition are true to the petitioner’s knowledge and paras .................... to.................... are true to the petitioner’s information received and believed to be true by him. Verified on this................. day of.................... 19.................... at.................... Place.................... Petitioner Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

Petition For Divorce The sample below will enable you to see the basic contents of the petition of divorce arrange your facts; seek a relevant reliefs from court etc. IN THE RESIDENT MAGISTRATE’S COURT OF …………………….. AT ………………………… MATRIMONIAL CAUSE NO. ……… OF …….…… ………………………………………….  ……………………….. PETITIONER VERSUS…………………………………………  …………………………. RESPONDENT PETITION FOR DIVORCE The Petitioner hereinabove named states as follows: 1.     That the petitioner is an adult A resident of ……………………….. and his address of service for purposes of this Petition is: 2.     That the Respondent’s address for purposes of service shall be pointed to the Court Process server by the petitioner. 3.     That the marriage between the petitioner and the respondent was contracted on..................and has been blessed with one issue, to wit, ……………………………… having been born on the ………….. day of ………………, ……………………. 4.     That during the marriage the petitioner and the respondent jointly acquired the following properties 1. .............................. 2. ................... 3. ................... 5.     That after the separation for a long time a lot of efforts was put to try to resolve the differences through …………………………….. And the Marriage Conciliatory Board to no avail. Copy of the Marriage Conciliatory Board’s letter to the Resident Magistrates Court of ………………………… at to that effect is annexed hereto marked “………………” and the petitioner craves for leave of the Court to refer to it as part of this petition 6.     That honest to their conscience the parties herein resolved that their marriage has broken down irreparably. Copy of a letter dated ……………………… to that effect duly authenticated by both the parties are annexed hereto marked “……………………” and the petitioner craves for leave of the Court to refer to it as part of this petition. 7.     That on the premises the petitioner avers categorically that this marriage to the respondent has irreparably broken down. 8.     That both the petitioner and the Respondent resides in …………………… and that the cause of action arose within the jurisdiction of this Honourable Court. WHEREFORE the petitioner prays for the following orders: (a)  the declaration that the marriage has broken down irreparably. (b)  An order to dissolve the marriage and a decree for divorce be granted. (c)  Division of matrimonial property (d)  Child maintenance and custody (e)  Any another relief this Honourable Court deems fit to grant. DATED  at ……………… this ……………….. day of …………………, …………………. ……………………………….             PETITIONER VERIFICATION I, ……………………………………….. do hereby verify that all that is stated hereinabove is true to the best of my knowledge. ………………………………….              PETITIONER Presented for filing this …………… day of ………………….., …………………….. ………………………………………             REGISTRY OFFICER COPY TO BE SERVED UPON: The respondent .....................Address Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)

PETITION FOR DIVORCE IN THE DISTRICT COURT AT.................... ........................................................................ Petitioner versus  ..................................................................... Respondent Petition for divorce under Section 27 of the Special Marriage Act, 1954 (No. 43 of 1954). The petitioner prays as follows: — 1. The petitioner is the husband/wife of respondent. The marriage between the parties was solemnized/registered under Chapter II of the Act by the Marriage Officer of Chapter II.................... at.................... on.................... A certified copy of the certificate of marriage is attached with this petition. 2. The status and place of residence of the parties to the marriage before the marriage and at  Husband Wife Status Status Age Age Place of Residence Place of Residence (i) Before marriage (ii) At the time of filing the petition 3. (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages). 4. The respondent has.................... (one or more of the grounds specified in Section 27 of the Act may be pleaded there. The facts on which the claim to relief is founded should be stated in accordance with the Rules and as distinctly as the nature of the case permits). 5. (Where the ground of petition is adultery). The petitioner has not in any manner been accessory to or connived at or condoned the adultery. 6. (Where the ground of petition is cruetly). The petitioner has not in any manner condoned the cruelty. 7. The petition is not presented in collusion with the respondent. 8. There has not been any unncessary or improper delay in instituting the proceedings. 9. There has not been any previous proceedings with regard to the marriage by or on behalf of any party. OR There have been the following previous proceedings with regard to the marriage by or on behalf of the parties: — Serial No. Name of Parties Name of Proceedings with section of the Act Number and date and year of the case Name and location of the court Result (i) (ii) (iii) (iv) 10. (In petition by a husband for divorce on the ground of adultery where damages are claimed against the co-respondent, grounds on which the claim to damages is founded should be fully and clearly-stated and the amount claimed and the mode of assessment should be specified). 11. There is no other ground why relief should not be granted. 12. The marriage was solemnized at....................... The husband and wife reside at....................... The husband and wife last resided together at..................... (within the local limits of the jurisdiction of this Court). OR (Where the petition is by a wife domiciled in the territories of India except the State of Jammu and Kashmir). The petitioner is resident within the territories of India except the State of Jammu and Kashmir and has been ordinarily resident therein for a period of three years immediately preceding the presentation of this petition and the respondent is not resident in the said territories. (Give particulars according to the Rules). 13. The petitioner submits that this Hon’ble Court has jurisdiction to entertain this petition. 14. The petitioner, therefore, prays that he may be granted a decree of divorce against the respondent, and (to be scored out if unnecessary may further be granted a decree for recovery of Rs..................... as damages against the adulterer correspondent. Petitioner  VERIFICATION The abovenamed petitioner states on solemn affirmation that Paras................. to.................... of the petition are true to the petitioner’s knowledge and paras .................... to.................... are true to the petitioner’s information received and believed to be true by him. Verified on this................. day of.................... 19.................... at.................... Place.................... Petitioner Where in a divorce petition wife took up a plea and also led evidence that petitioner husband was interested in getting married with another girl but fact was not proved, it would not mean that allegation was false which could amount to cruelty.4 Once ingredients of Section 13B of Hindu Marriage Act are satisfied, court has no other option except to accept the prayer for dissolution of marriage by decree of divorce.5 Cruelty cannot be judged from a solitary incident but on an overall consideration of all relevant circumstances.6 The party seeking divorce on the ground of desertion is required to show that she was not taking the advantage of his or her own wrong.7 4. Hema Reddy v. Rakesh Reddy, 2002 (2) CCC 227 (A. P). 5. K. S. Subrumanian v. V. Vasanthi Devi, 2002 (2) CCC 153 (Mad. ). 6. G. V. N. Kameswara Rao v. G. Jabilli, AIR 2002 SC 576. 7. Savitri Pandey v. Prem Chandra Pandey, AIR 2002 SC 591. Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-)

Agreement for Maintenance of Wife and Daughter This agreement is made this…….day of……….between AB son of…………..residing at……………………(hereinafter called the HUSBAND) of the one part and CD wife of AB and daughter of………………..residing at…………………….(hereinafter called the wife) of the other part. Whereas unhappy differences and disputes having arisen between the parties hereto, who are husband and wife and could not be adjusted by the intervention of friends and well-wishers, they by mutual consent and agreement are now living separate and apart from each other and for that purpose they have agreed to the arrangement as hereunder mentioned: NOW IT IS HEREBY AGREED as follows: 1. The husband shall pay or cause to be paid regularly for the wife so long as she will live separate a maintenance allowance of Rs……per month, and a further sum of Rs……..per month for the daughter EF, on that account as long as their daughter EF lives with and is maintained by the wife and is not married. 2. In consideration of such payment or payments as aforesaid, the wife shall not incur any debt or liabilities against the credits of the husband nor otherwise pledge nor institute any action or proceedings against the husband on account of her maintenance and support or that of the daughter but shall pay for and discharge all her debts and liabilities and keep the husband and his estate indemnified against all actions and proceedings in relation thereto. 3. Provided, however, and it is hereby agreed that notwithstanding anything hereinbefore contained no monthly allowances as hereunder agreed shall be payable for the period during which the wife shall live and reside with the husband and be maintained by him. IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month and year first above-written. Signed, sealed and delivered by      AB the husband in the presence of:       AB Signed, sealed and delivered by      CD the wife of AB in the presence of:   CD Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

A written statement of the opponent husband in a maintenance application IN THE COURT OF THE JUDICIAL MAGISTRATE, FIRST CLASS, Maintenance Application No. 999/ 2003 Smt. W . _       Applicant VersusShri H                _       Opponent A WRITTEN STATEMENT ON BEHALF OF THE OPPONENT The opponent above-named submits this statement, praying to state as follows: 1. That the contents of para 1 of the application are true and correct, and hence admitted by this opponent. 2. That the contents of para 2of the application are likewise true and correct, and hence, call for no comments. 3. That the contents of para 3 of the application are false, baseless, frivolous, and hence, denied by this opponent, and this opponent submits that the applicant right from the beginning was in the habit of staying with her parents, and she practically cohabited with this opponent hardly for a fortnight or so after the marriage, and since then, she has always had been residing at her parents' till this date. 4. That the contents of para 4 of the application are a sheer piece of fabrication on the part of the applicant, and this opponent submits that since the applicant, in fact, cohabited with this opponent only for a few days, the question of begetting a child or making such wild allegations against the opponent does not arise, and the so-called medical check-up is a false and imaginary story. 5. That the contents of para 5 of the application are likewise totally false, and while denying the same, this opponent does hereby reiterate that when the applicant did not cohabit with this opponent anytime during the existence of their marriage, except and save those few days in the beginning after the marriage, the alleged ill-treatment could not be meted out to her, and such allegations are far away from any truth therein and do not hold water at all. 6. That the contents of para 6 of the application to the effect that the applicant had tried to go to this opponent for cohabitation are not only totally false but also misleading, and hence, denied by this opponent in to and categorically, and the opponent requests this Hon'ble Court to take this fact into consideration. 7. That the contents of para 7 of the application alleging that this opponent has contracted a second marriage with the so-called staff nurse are vertex on the part of the applicant, and it shows that the applicant is at a loose end to make such dirty, totally false and illegal allegations against the opponent, and while denying the same, the opponent requests this Hon'ble Court to put the applicant to the strict proof of the same. 8. That the contents of para 8 of the application are baseless and denied by this opponent specifically, and what the applicant says is just perverse and exaggeration, and this opponent says and submits that he is working as Compounder, and not as a Doctor, at the Sassoon General Hospitals, Pune, and he is drawing a salary of Rs. 8,000/- per month, and not Rs. 20,000/- per month. 9. That the contents of para 9 are also totally false, baseless, frivolous, and hence, denied by this opponent. 10. That the opponent respectfully submits for the kind and sympathetic consideration of this Hon'ble Court that the opponent was always and is still ready and willing to maintain the applicant, and he has never refused or neglected to maintain her, and there was no cause of action for the applicant to file the present application. 11. That the opponent, therefore, prays that - The application of the applicant be dismissed, and Any other orders in the interest of justice may kindly be passed. Sd/-  Dated . OPPONENT Sd/-xXxADVOCATE FOR OPPONENT VERIFICATION I, Shri H, the present opponent, do hereby state on solemn affirmation that the contents of this statement in paras 1 to 11 are true and correct to the best of my knowledge and belief, so I have signed hereunder. Sd/- H OPPONENT Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-)

Petition by Wife for Enforcing Maintenance Allowance Ordered by     Court under section 128, Cr PC In  the matter of petition by the wife for enforcing the order as to the payment of maintenance The humble petition of petitioner (wife) W Most Respectfully She with: 1. That the opposite party was ordered by Your Hon  our by Order No……..dated……… passed in Case No. 365 to pay a monthly allowance of Rs. 850 to his wife, the petitioner. 2. That since the order the opposite party has not paid any money to the petitioner in terms of the aforesaid order or otherwise. A copy of the order which was furnished to the petitioner by the Learned Court is attached hereto. 3. Your petitioner prays that after issuing notice to the opposite party Your Honour may be pleased to enquire into the statements made in the petition and on being satisfied that they are true may be pleased to attach the properties of the opposite party mentioned in the Schedule hereunder for enforcing payment or in the alternative the Learned Court may be pleased to issue a warrant for the arrest of the opposite party and put him into prison for such a period as the Learned Court may deem proper. 4. And your petitioner, as in duty bound, shall ever pray. The Schedule All that pieces and parcels of land measuring 5 cottahs with two-storeyed building thereon being premises No………of………….. Verification I, W, daughter of MN and wife of H residing at………do hereby solemnly affirm and say as follows: 1. I am the petitioner above-named. I know the facts and circumstances of this case and I am able to depose thereto. 2. The statements in the foregoing petition are true to my knowledge and I have not suppressed any material fact. 3. Solemnly affirmed by the said W on……..at the Court House at Calcutta Before me Notary/ Proper Officer Download Word Document In English. (Rs.20/-)

Agreement between a Master and a Workman THIS AGREEMENT is made on the..........................day of.......................... 20... BETWEEN X, aged.......................years, son of.............................resident of................................(hereinafter called the 'Employer') of the one part, AND Y aged....................... years, son of................ resident of............................(hereinafter called the '"Workman") of the other part. 1.     The Employer hereby appoints the Workman as a..................to render services as are usual. 2.     That in consideration of the service to be rendered and the duties to he performed and the covenants to be observed by the Workman, the Employer will pay a monthly salary of Rs................payable on the.......day of each succeeding month as long as the workman shall faithfully, honestly and diligently observe and perform the terms of the his service with the Employer 3.     That the workman will serve the Employer as a seen assistant and will do and perform with all the care, punctuality and ability all work, which the Employer may require him to do or which may be usual for such employees to do and the workman shall at al times conduct himself, honestly, and properly during the course of such services towards the Employer, his customers and his other employees. 4.     That workman shall not enter the service or employment of any other person/or body of persons carrying on similar business during the continuance of this agreement or afterwards during further period of.....................years without the written consent of the Employer. 1.     5.If the workman absents himself from the service of the Employer without leave or be guilty of misconduct or commits any breach of this agreement the Employer may at his option terminate his service at without any notice. In such an eventuality the workman shall only be entitled to his salary up to the date of his service and no more. In any other case either party may determine this agreement by giving to the other 15 days previous notice in writing for that purpose. 5.     In case the workman is incapacitated by reason of illness, accident or any other cause and cannot perform his duties as such............ the Employer may at his option grant leave for a reasonable time whether on full pay or reduced pay or without pay or terminate his services for with. If however, personal injury is caused to the employer by accident arising out of and in the course of his employment the Employer shall only be liable to pay compensation in accordance with the principles laid down in the Workman's compensation Act, 1923. IN WITNESS WHEREOF the said X. and the said Y. have hereto respectively signed at...................the day and the year first above mentioned. Sd/- Sd/- Download Word Document In English. (Rs.15/-)

Form of Agreement between the Employer and Workman Regarding Compensation for Injury Caused to Workman by Accident It is hereby submitted that on the...................................... Day of............................, 2000, personal injury was caused to..................................... residing at.................... by accident arising out of and in the course of employment during on................................................................ The said injury has resulted in temporary disablement to the said workman whereby it is estimated that he will be prevented from earning more than of his previous/ any wage for a period................................ Months. The said workman has been in receipt of half-monthly payments which have continued from the................day of........................200- until the..........................day of.............................. 200-, amounting total of Rs........... The said workman's monthly wages are estimated at Rs................. The workman is over the age of 25 years. It is further submitted that............................ I, the employer of the said workman has agreed to pay, and the said workman has agreed to accept, the sum of Rs...................... in full settlement of all and every claim under the Workmen's Compensation Act, 1923, in respect of all disablement of a temporary nature arising out of the said accident, whether now or hereafter to become manifest. It is, therefore, requested that this memorandum be duly recorded. Dated....................... Signature of employer.................................................. Witness......................................................................... Signature of workman...................................... Witness......................................................................... Receipt (to be filled in when the money has actually been paid) In accordance with the above agreement, I have on this............ day of .......... received the sum of Rs.......... Dated ............200 . .............................workman The money has been paid and this receipt signed in my presence. .............................witness *The form may be varied to suit special cases, e.g., injury by occupational disease agreement when workman is under legal disability etc. Download Word Document In English. (Rs.15/-)

Agreement for Supply of Labour Download Word Document In English. (Rs.40/-) The Agreement is made at________ this ________ day_______ of _______ between M/s. XYZ Co.Ltd a Company registered under the Companies Act 1956 and having its registered office at _________ hereinafter referred as "the Company" of part one & Mr. _________ residing at hereinafter referred as "the Contractor" of the other part. Whereas 1.     The company is carrying on business of___________ and owns some cargo ships to carry on cargo from one port to another in different countries. 2.     Whenever any such ship of the company arrives at the port of_________ the company is required to engage mathadi workers to load & unload cargo in and from ship. 3.     As the ships come to the said port infrequently and there is no scope for continuous employment of workers for loading and unloading, the company cannot employ such workers permanently as its own employees and the company therefore purposes to employ labour through the labour contractor as and when any ship of the company arrives at the said port. 4.     The contractor carries on the business of supplying labour to any establishment including labour specialized in loading and unloading cargo from the ships at the said and other ports in India and the contractor holds a license under this Contract labour (Regulation & Abolition) Act 1970. 5.     The company proposes to entrust the work of loading and unloading cargo from the company’s ship arriving at the said port and the Contractor has agreed to supply the labour for the purpose on the terms and conditions hereinafter recorded and agreed to between the parties. 6.     The company declares that it is registered as an establishment in respect of ships as the principal employer under the Contract Labour (Regulation & Abolition) Act 1970. Now it is agreed by and between the parties hereto as follows. 1.     The company hereby appoints the contractor as labour contractor for supply of workers to carry out the work of loading and unloading goods in any ship of the company when it arrives at the said port. 2.     The company shall give at least 8 days notice to the contractor of the date on which the any ship of the company is expected to arrive at the said port and when the ship is anchored at the said port is expected to leave the port after loading the goods booked with the company for the transport. The company shall also inform the contractor by such notice how many workers will be required for unloading the ship arriving at the port and how many workers will be required for loading the ship, which will be leaving the port. If the contractor fails to supply the required labour on any occasion the company will be entitled to engage other group of workers and the contractor will be liable to pay the company the expenses incurred on the account of damages. 3.     The contractor shall on receiving information from the company, that a ship has arrived and is anchored at the dock the contractor shall arrange to bring the number of workers asked for at the port at his own cost of transport. 4.     It is the responsibility of the company to give directions or guidelines regarding the manner in which the work of loading and unloading will be carried out by the workers and the workers supplied by the contractor will carry on the work accordingly. 5.     It will not be the duty or responsibility of the contractor to supervise the work of the workers supplied by him, but the company through its representatives will do that work and the workers will obey and carry out the directions given by him. 6.     If the company finds that any worker supplied by the contractor is not carring out the work satisfactorily or is otherwise physically unfit to carry out the work involved, the contractor shall withdraw such a worker from duty and substitute some other worker in his place. The company’s complaint will be final and accepted by the contractor or the worker as justified. 7.     The consideration of services to be rendered by the contractor as herein provided the company shall pay to the contractor on following basis. ------------------------------------------------------------------------------------------------------ 8.     The said amount will include the wages and other benefits payable to the workers supplied by him to the company from time to time and as prescribed by the labour enactment in force for the time being, and the company will not be responsible to pay the same. But if under any enactment (including rules or regulations included there under) the company is held liable to pay any amount to the worker as principal employer the contractor should reimburse the same to the company within a period of 15 days from the date of demand by the company. Demand shall be made in writing. And the contractor indemnifies an agrees to keep indemnified the company against any such amount and any losses, charges and expenses incurred by the company on account thereof. 9.     The company will provide for every worker supplied by the contractor, a badge/identity card as required for entry and presence in the dock where the ship will be anchored before he enters the dock. The worker will surrender such badge/identity card at the time of leaving the dock. 10.  Every worker during the period of his work will be bound to observe the rules and regulations of the port authority relating to his movement, dress and discipline. If there is any breach thereof by any such worker and the company suffers any penalty, monetary loss or other charges he contractor will be responsible for the same and he will reimburse the company for any such liability. 11.  The contractor will make the arrangement of food, snacks and tea/soft drinks for such workers and the company will not be responsible for the same. 12.  If any amenity required by law for the benefit of worker supplied by the contractor is not suitable or is inconsistent with the work placement or if possible to be provided and is not provided the company will provide the same within the time required by the law and the contractor shall pay the company the expenses incurred by it on that account on demand. 13.  The contractor shall be responsible for the payment of wages to each worker employed by him for the company when the wages become payable, the company can nominate a representative duly authorized who will be present at the time of disbursing the wages by the contractor and he will certify the amounts paid as wages by the manner prescribed by law. 14.  The company will be entitled to deduct any payment made by the company and which is payable by the contractor under this contract or by law, out of any moneys payable by the company to the contractor under this contract. 15.  The Contractor and the company shall maintain such registers and records containing such particulars of contract labour employed as required by the Contract Labour (Regulation and Abolition) Act 1970 or any other law including particular regarding the nature of work performed by the contract labour and the rates of wages paid to the worker. 16.  The company shall maintain a first aid box containing all articles and equipments as required by law. 17.  The contractor shall pay wages at the rate as may be prescribed by law particularly by the said Act of 1970. 18.  Every worker to be supplied by the contractor shall not be less than 25 years and not more than 55 years of age and the contractor shall obtain and produce to the company a medical certificate of each of the worker that he is not suffering from any disease of major ailment and he is physically fit to do the prescribed work. 19.  Every time the contractor supplies the workers, the contractor should supply a list of full address and names of workers to the company. 20.  The company will act in relation to the contractor, his workmen at this agreement through one or more representative whose name/names will be communicated to the contractor as its authorized representative/s. 21.  If the workers supplied by the contractor for loading and unloading the cargo are required to work for more than 8 hours, the contractor shall be liable to pay overtime wages as required by law. The company will reimburse such wages paid as overtime. However if the workers are required to work for less than 8 hours the contractor will not be entitled to make a claim against the company for being required to pay the workers their wages for 8 hours work. 22.  It is the responsibility of the contractor to see that the workers do not go on any strike or stop work and if they do so the company will be entitled to get the work of loading or unloading carried out through any other group of workers and the contractor shall be liable to make good the loss suffered by the company in that behalf. If the workers of the contractor have any grievance the same shall be attempted to be settled amicably with the help of the company on such terms as may be agreed upon. 23.  If due to any act of commission or omission, misfeasance or nonfeasance of any worker supplied by the contractor any third party suffers loss or damages the contractor will make good the same if the company is required to pay the same the contractor will reimburse the company for such loss or damage. 24.  The contractor shall not assign this contract to any other person without the written consent of the company and which consent may be granted only on such terms, as the company will stipulate. 25.  The contractor shall comply with all laws and regulations governing the relation between the employer and employee which are in force as if the contractor is the employer and the worker are his employee. The contractor agrees to indemnify and keep indemnified the company against any loss, charges and expenses suffered by it on account of breach of any laws or regulations. 26.  This agreement can be terminated by the company or shall deemed to be terminated by the company in any of the following events; a.     If the company terminates the same with or without assigning any reason by giving 15 days notice to the contractor in writing as from the date to be specified in the notice. b.    If the contractor is adjudged insolvent. c.     If the company goes into liquidation voluntarily or through the court. d.    If the contract becomes illegal b virtue of any law. e.     If the authorities cancel the license of the contractor concerned. f.     If the contractor terminates this contract by giving at least one-month prior notice with or without assigning any reason. Subject to what is provided in this clause, the contract shall remain in force for a period of one year from the date hereof. 27.  If any difference of opinion arises between the company and the contractor regarding this agreement and the implementation there of the decision of the Managing Director of the company shall be final and binding on the contractor. 28.  The agreement is subject to the provisions of any scheme made u/s 3 of Dock Workers (regulations of employment) Act 1948 and the rules there under. If any provision of this agreement is repugnant or inconsistent with any provision of such scheme, which applies to the employment of the dockworkers and is applicable to this agreement such provision of the agreement will be treated null and void on the parties. 29.  This agreement is also subject to the provisions of Dock Workers (Safety, Health and Welfare) Act 1986 and the rules there under. The company as the principal employer, the contractor as employee and the workers employed by him will be bound by the provisions of the Act and Rules. In witness thereof the parties have their hands and seal the day and year first hereinabove written. Signed for and behalf of the within named XYZ Co. Ltd. By its Managing Director Mr........ Duly authorized in that behalf In the presence of ..... Signed by the within named Contractor Mr...... In the presence of.

LABOUR GRATITUDE CASE  BEFORE THE LABOUR OFFICER CUM CONTROLLER GRATUITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 ……………………….. Application No.: _____ ………………………….………………………………………………………………………Applicant/Employee  AND ………………………………………………………………………………………………….Respondent/Employer   Application under Rule 10 (i) of the Payment of Gratuity (Central) Rules 1972 Respectfully Sheweth:  1. The applicant is an employee of the above-mentioned employer, and is entitled to payment of gratuity under Section 4 of the Payment of Gratuity Act, 1972, on account of his own superannuation/retirement/retrenchment/resignation on _______ after completion of _______ years of continuous service wef _______ to _______ 2. That the applicant submitted an application under rule of the Payment of Gratuity Act, 1972 on the employer but the above-mentioned employer refused to entertain the same/issued a notice dated the ______ under clause ______ of sub-rule _______ offering an amount of gratuity which is less than my due/issued a notice dated the _______ under clause _______ of sub-rule _______ of rule _______ rejecting my eligibility of payment of gratuity. The duplicate copy of the said notice is enclosed. 3. The applicant submits that there is a dispute on the matter as under:- (a) _______________ 4. The applicant furnishes the necessary particulars in the Annexure hereto and prays that the Controlling Authority may be pleased to determine the amount of gratuity payable to the petitioner and direct the above-mentioned employer to pay the same to the petitioner. 5. The applicant declares that the particulars furnished in the Annexure hereto are true and correct to the best of my knowledge and belief.  Dated: _____  Applicant  Annexure  1. Name in full of applicant with full address.  2. Basis of claim:  3. Name and address in full of the employee :  4. Marital status of the employee:  5. Name and address in full of the employer :  6. Department/Branch/Section where the employee was employed (If known) :  7. Post held by the employee with Ticket or Serial No., if any [if known]. :  8. Date of appointment of the employee [if known].  9. Date and cause of termination of service of the employee.  10. Total period of service by the employee :  11. Wages last drawn by the employee.  12. If the employee is dead, date and cause thereof.  13. Evidence/witness in support of death of the employee.  14. If a nominee, No. and date of recording of nomination with the employer.  15. Evidence/witness in support of being a legal heir, if a legal heir.  16. Total gratuity payable to the employee [If known]:  17. Percentage of gratuity payable to the applicant as a nominee/legal heir:  18. Amount of gratuity claimed by the applicant:  Applicant  Place ______  Dated: _______  Download Word Document In English. (Rs.30/-)

Reply to Applications under Section 33-C [2] of The Industrial Dispute Act 1947. BEFORE THE HON'BLE COURT OF TAMIL NADU AT COIMBATORE Application No:______ of 2008 Applicant/Workman Versus Respondent/Employer Reply to Applications under Section 33-C [2] of The Industrial Dispute Act 1947. Respectfully Sheweth:Preliminary Submissions:1. That the present application is not maintainable and the same is false and frivolous.Reply on Merit: 1. That the contents of this para of application are false and frivolous and hence denied.__2. That the contents of this para of application are false and frivolous and hence denied.__3. That the contents of this para of application are false and frivolous and hence denied.__4. That the contents of this para of application are false and frivolous and hence denied.__5. That the contents of this para of application are false and frivolous and hence denied. 6. That the contents of this para of application are false and frivolous and hence denied. _7. That the contents of this para of application are false and frivolous and hence denied.__8. That the contents of this para of application are false and frivolous and hence denied. In view of above submissions, the present application deserves to be dismissed and may kindly be dismissed in the interest of justice with cost.Coimbatore Respondent _____ Through, AdvocatesAUTH. REP OF WORKMAN VERIFICATION: Verified that the contents of paras 1 to ________ of Preliminary Submissions and paras 1 to ________ of reply on merit are true and correct to the personal knowledge and belief of the applicant.Verified at Coimbatore on ______.Respondent FORM-F (See Rule 36) Before the Hon'ble Labour Court of Tamil Nadu at Coimbatore Reference No.:______ of 2008 Workmen Versus Employer In the matter of ______above______ I/We hereby authorize _______ to represent me/us in the above matter. Dated this ______. Signature of persons nominating the representative Address: as per memo of parties. Accepted Signature Of Representative Address: Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.40/)