DRAFT

BEFORE THE 1st LABOUR COURT AT THANE, THANE

Ref (IDA) No. 114 of 2019

BETWEEN

Can fin Homes Ltd … First Party Company

And

Mr. Aniket Shrichandkumar Jain … Second Party Workman

AFFIDAVIT IN LIEU OF EXAMINATION

I, Mr. Aniket Shrichandkumar Jain aged 37 years, Indian

Inhabitant residing at 901, A1 wing, Mangla Valley CHS, Vasant

Valley Road End, Wayale Nagar, Khadakpada, Kalyan 421301 do

hereby on solemn affirmation state as under:-

1. I state that First Party Company appointed me on the post of

probationary officer w.e.f 02nd August, 2011 and as

Probationary officer my initial salary was Rs 20,167/-p.m

with a basic salary of 12,200/- p.m. Hereto annexed and

marked as Exhibit ____ is the original letter dated

22.07.2011 for appointment on post of Probationary officer.

I identify the same which may be exhibited on record.

2. I state that on 02nd August 2012 I was confirmed in the

services. I state that during the post of probationary officer

my nature of duties were data entry accounting and any other

work given by branch incharge. I state that as a probationary

officer my grade of appointment was Junior level. I stated

that I was deployed at Vashi branch of the First Party

Company.

3. I state that my services were governed by the Can Fin

Homes Staff Services Regulations 1988 and until my illegal

termination I was governed by the said regulations.

4. I state that the First Party Company is a public limited

Company having business of giving loans for housing

purpose at affordable floating interest rates. The hierarchy of

the branch of the First Company is as under:-

Managing Director – General Manager- Dy. General

Manager- Assistant General Managar –- Chief Manager –

Senior Manager- Manager- Officer – Assistant – DCP(___)

5. I state that the highest designation and decision making

authority was Managing Director and I have been reporting

to Mr. Vinod Pillai the branch incharge at Vashi branch.

6. I state that during the posting as a probationary office I was

not having any decision making authority and my duties

were supervised by my seniors and other senior most

authorities of the First Party Company.

7. I state that since the prime function of the First Party

Company was to provide loans, the major function of First

party company was the sanction of loans and disbursal

thereof. I state that my nature of duties do not include either

of the work of disbursal or sanction of loans and therefore I

was not managerial or administrative.

8. I state that I was transferred to NOIDA branch of First Party

Company where my performance was recognized. I state that

after seeing my dedication toward my work, I was

transferred to Jodhpur branch.

9. I state that w.e.f 01.04.2016 I was designated as Manager

which position is at same level at Probationary officer.

Hereto annexed and marked as Exhibit ___ is the original

letter dated 06.04.2016 issued by First Party Company. I

state my duties continue to be governed by Can Fin Homes

Staff Services Regulations 1988. I state that my primary

duties as a manager besides the functions of a probationary

officer only include accounts writing, day to day functioning

of Branch, recovery follow up as per instruction of seniors. I

state that I was posted at Jodhpur branch of the First Party

Company and I was reporting to Mr. S P Srivastav my

immediate superior.

10.I state that my services was recognized from time to time by

the First party company. I further state that while I was

posted at Jodhpur branch my services duly recognized and I

performed to the satisfaction of my seniors.

11.I state that my nature of duties were not managerial or

administrative nature. I state that my duties were mainly of

routine nature and there was no decision making process

performed by me. I state that I did not had any decision or

supervisory powers nor any employees were working under

my control nor I have any leave approval powers.

12.I state that w.e.f 16.09.2016 I was transferred from Jodhpur

Branch of First Party Company to Kalyan Branch of First

Party Company. I state that while being posted at Kalyan

branch, my duties were same as it was in Jodhpur branch. I

state that I was reporting to Mr. Pramodchandra G who was

my superior.

13.I state that during my tenure of employment at Kalyan

Branch the major work performed by me was data entry,

scrutiny of loan, verification of residences or business place

and such other work as per the instructions of Mr

Pramodchandran G, Branch Head.

14.I state that during the tenure of my services at Kalyan branch

until my illegal termination of services my service record is

clean and unblemished.

15.I state that during my tenure of service at Kalyan branch I

was performing work as per instructions of Mr.

Pramodchandran G, Branch Head. I state that even though

my designation was manger, I did not have any managerial

or administrative powers which were binding the First Party

Company. I state that I did not have any decision making

powers and I did not control the staff working in the branch

nor I have any leave sanctioning powers or such other

powers. I state that my nature of duties was at par with the

probationary officers at kalyan branch.

16.I state that apart from routine work I have no other authority

or decision making powers in the First Party Company or

even at branch level during my work at Kalyan Branch.

17.I state that considering the nature of duties performed by me

which were of routine nature I am therefore governed by the

provisions of section 2 (s) of the Industrial Disputes Act.

18.I state that whatever stated hereinabove is true and correct to

the best of my knowledge, belief and information.

MUMBAI

DATED Aniket Jain

VERIFICATION

I, Mr. Aniket Shrichandkumar Jain aged 37 years, Indian

Inhabitant residing at 901, A1 wing, Mangla Valley CHS, Vasant

Valley Road End, Wayale Nagar, Khadakpada, Kalyan 421301 do

hereby on solemn affirmation state that whatever stated

hereinabove is true and correct to the best of my knowledge, belief

and information

SOLMENLY AFFIRMED AT

MUMBAI ON THIS __ DAY

OF ____________, 2022 DEPONENT

BEFORE THE 1st LABOUR COURT AT THANE, THANE

Ref (IDA) No. 114 of 2019

BETWEEN

Canfin Homes Ltd … First Party Company

And

Mr. Aniket Shrichandkumar Jain … Second Party Workman

LIST OF DOCUMENTS

MAY IT PLEASE THE HON’BLE COURT

The Second Party workman above named begs to file the following

documents as under:-

Sr. No. Description Exh Pg

no. no.

1. Original letter dated 22.07.2011 for A

appointment on post of Probationary

officer

2. Appointment transfer from Jodhpur to B

Kalyan Branch

3. Canfin staff service regulations C

booklet
DRAFT