Filing of a case
suneetha Jain
(Querist) 20 January 2018
This query is : Resolved
Sir,
We have won a case in High Court against SBI in Aug 2017 regarding termination. But, SBI didnot consider the directions of High court and SBI has stuck to its termination and the latest order of restoration of termination was given given by SBI on 01.11.2017. We would like to again go to High court on this. My query is what is the limitation period for filing the case?? I mean within how many days from 01.11.2017, we have to file a case??
Guest
(Expert) 20 January 2018
Discuss with your Advocate and Proceed immediately and your doubts about time limits would be taken care by your counsel.
Guest
(Expert) 20 January 2018
Is your lawyer ignorant about the limitation, or you don't have any such case for discussion with him?
Guest
(Expert) 20 January 2018
It seems you are interested only in filing case in the HC by knowing limitation, but without trying to seek another solution to mitigate the implication of the fresh order of termination by your employer. You have not discussed, with what illegalities of the fresh termination order you want to go to HC.
You should have given description of the judgment as well as the latest order of the SBI with reference to that judgment. You should know that if the orders of termination are again from the disciplinary authority, you are eligible to get another opportunity to approach the appellate authority with appeal with fresh facts on the case. Without exhausting the departmental channels again, you cannot seek intervention of the court again. If you don't have any fresh facts in your favour, not even in HC, in Supreme Court also, you are likely to lose the case.
Guest
(Expert) 20 January 2018
Dear Shri Yogen Kakade,
Thanks for agreeing with my opinion.
Kumar Doab
(Expert) 20 January 2018
If IT is the same matter that you have discussed I old threads then apparently as per directions of the HC, M/s SBI has considered the matter as per directions of HC and has decided and communicated the decision.
Isn’t IT!
If IT is so discuss with your own very able senior LOCAL counsel of unshakable repute and integrity specializing in service matters, having a successful track record, and well versed with the said matter, for a considered opinion.
Obviously M/s SBI and IT’s attorneys are unwilling to reinstate.
