Time limit
Querist :
Anonymous
(Querist) 24 December 2010
This query is : Resolved
Sir,
I was serving as a 'Senior Executive- Safety' in a public listed company. Since the location in charge(Associate Vice President) was against me, purely to hares last year he stopped my increment without any reason. He repeated this again this year and when I opposed,on 16-10-2010 he terminated my services without any sort of inquiry, charge shit etc. and with serious allegations of insubordination, ill punctuality and low performance. I wish to know: what is the time limit withing which I can seek intervention from the high court?
s.subramanian
(Expert) 24 December 2010
You have to file the proceedings without delay and within reasonable time.
Kirti Kar Tripathi
(Expert) 24 December 2010
What do you mean by public listed company. In case, it is not a public sector organisation, writ petition will not be maintainable and you have to file Civil Suit, in which you can not claim reinstatement only damages and compensation can be claimed, in case, your termination is found illegal. This can be challenged within three years from the date of cause of action.
Querist :
Anonymous
(Querist) 24 December 2010
I thank you gentlemen for your prompt response. Actually the company is a limited company. Pls guide me further. If I file a suite directly in the high court, can I also get my pending 2 years increment also? If yes, what would be the method to calculate rise percentage? Can I urge the court to section increment percentage similar to other safety engineer? How much time you think it would take for final outcome if I file a suit in Guj. High court??
Thank you once again.
Good day.
Ajay Bansal
(Expert) 27 December 2010
MAY BE TWO OR THREE YEARS.
