Please challenge immediately your termination before the Labour Court either by way of demand notice or directly under sec.2A of the ID Act.
Wrongfully terminated
Dear Sir, Good Day!! I have been wrongfully terminated from PSU, prema facie report also wrongly given by concern officers, the evidence which they submitted to authority is wrong and the concern authority is also taken in consideration . this is happen in the year of 2017 now i want to file the petetion on wrongly termination please see my reply to authority . Good Morning, I am Chandrasekhar Kanduri writing to respond to certain allegations, assertions and other false accusations that were made against me in suspension letter bearing number BL/CSK/11401/SUSPENSION /1 Dated March. 23, 2017, I have limited access and all the payment are made from Hyderabad office with necessary competent authority approval to all the vendors, hence, the allegations which stated with suspension letter is not involved by me, as in I absolutely refute the charges made against me I believe the problem with the preliminary investigation team is that I believe it tarnished my good reputation that I have worked extremely hard to earn branch in profit. I am very committed to the branch development, and in 18 years as an employee of Balmer lawrie, I dedicated myself to improving the Branch, and worked hard to motivate the colleagues with the Visakhapatnam Branch. Kindly, look in to the same
Asked 6 years ago in Labour
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17 Answers
Dear Sir, is it any time bound for the file the petition..?
Asked 6 years ago
Yes within a year but take it within no time now why to give application for condonation of delay or false assumptions.
Youbshould have challenged your termination immediately. They terminated youb the basis of a preliminary enquiry which is illegal and hence you should challenge it. An application for condonation of delay should be filed so as to explain the delay.
Regards
There is no limitation but the delay must be explained to the court.
As much you will delay, court will same more time. When you himself is sluggish to seek justice, why court will move fast. So file petition asap.
file petition before CAT to challenge your wrongful termination
petition should be filed at the earliest . if you were terminated in 2017 what were you doing for 2 years
you can challenge your termination by way of filing a complaint in the Court along with an application for condonation of delay
File a writ petition in the High Court, challenging your wrongful termination and seek reinstatement into service.
If you a provision of a departmental appeal under your services rules, you must exhaust the remedy of appeal before you approach the High Court.
You are talking of two things together one is your Suspension and other is determination three suspension comes first and then after the enquiry determination takes place it is not clear from your question that when you have been terminated from the service of course the limitation act applies on this but the matter can also be taken up by the appropriate Court with condonation of delay in filing the case and Court mein accept the case you can find your appeal in the Tribunal in this regard so that's the matter can be heard by the court and you get a decision in this regard
You can file a case in labour court for wrongful Termination. You can also file a complaint to labour commissioner and try to resolve the same through mediation
No there is no time limit. You can file writ giving some attributable reasons for inordinate delay in filling the petition, if any.
If your employment has been terminated without giving you a chance to present your side of story then your termination can be challenged
1. You were terminated in 2017, so if you challenge the termination now it will be barred by doctrine of delays and latches.
2. On merits also, unless you can demonstrate that prima facie report is prepared in violation of rules or that it was made without adherence to the principals of natural justice you cannot impeach it.
What is the result of the departmental enquiry, did they hold yo guilty and terminated your services?
If you feel that you have been terminated on the basis of false allegations then you may appraoch labour court for remedy.
If labour court is not the appropriate forum then you may file a writ petition before high court to set aside the orders of terminating your services and to reinstate you into the service with full back wages and all other benefits for the reasons you may rely upon.
There is no time or limitation but you may better approach the legal forum immediately
- Yes, there is a time limitation to choke the petition within the period of few months, but can be condoned if you will be able to prove :-
That you have written representation to consider your case on merits but not on the false evidence.
And then have not been relying to the same till now.
2. There are cases in which more than years of delay has been condoned if the case is genuine on the face of it.
3. You should file a petition as soon as possible without wasting a single day now.