Can I refile a case in labor court 2.5 years after termination.
I am M.Sc(Maths) and MBA (International business and Operations mgmt).
I was forced to resign from my company after 4.5 years of service. I withdrew the resign the next day but, it was refused.
I was forced to resign citing incorrect reasons of non-performance and was given a month to prove myself. In the meantime the laptop was forcefully collected and double work was handover over a computer to make sure that I fail.
All this was done to favor one employee who was of same religion as the manager and team leader.
The company had faulty internal audit process and did not apply my projects for which I was awarded by the United States counterparts. I have around 9 certificates of good performance.
While working with the company I was hospitalized for more than seven times and almost everytime I was sent to the ICU and was also operated upon twice. All this happened due to the stress they created. I am now jobless and not in a position to work due to bad health.
I was also forded to work on Holidays like Diwali, 15th August, 26th January, Rakshabandhan and Holi and was also forced to work for longer than normal working hours after getting discharged from the hospital(Documents are available for each case)
I filed a case in labor court and continued for three four months, but as it reached the labor officer stage I failed to find a good lawyer with low fee and therefore could not continue with the case.
I am living with mental stress as my financial, moral, physical, social and family health has been affected very badly.
I have three documents which-
1. Confirms termination from company.
2. Confirms that I resigned (on full and final settlement papers including reports sent to EPF.)
3. Confirms resignation on May 2013 and termination on Nov.2013.
Its been 2.5 years since I filed the case and the termination happened six months after filing of the case in June 2013.
I want to know If I can still file case against the company and If yes, then under what laws and courts.