Limitation consider after seven years
S. S. Rathi
(Querist) 02 October 2016
This query is : Resolved
Sir
I am employee in Company and since 2009 have dispute with company so i was filed criminal case against managers and officers in 2010 which yet pending but meantime in they offered some amount in writing to settle criminal case as compensation and ready to accept my fresh resignation. while matter still pending now if i want to file civil case as delay in outcomes of criminal case, matter was also send for mediation in 2011 at high court. My salary also pending with company. but my lawyer issue notice only to officers of company for civil as well criminal actions and thereafter file criminal case in 2010.
Sir court consider my civil rights ? if i file civil case to recover my losses.. pls guide m urgently
S. S. Rathi
(Querist) 02 October 2016
and can i am also add party to company also as few officers already leave the organisation and company liable to pay my losses and outstanding salary since 2009
Raj Kumar Makkad
(Expert) 02 October 2016
Your history shows why the competent lawyer should be engaged instead of extraneous considerations which we Haryanvi generally consider.
Though you have not posted the facts leading to filing of your criminal case against the officers of the company as well the necessary facts according to which you want to file the civil suit without which it is very difficult to advise you bu what I smell is that your issues are with the company but instead of asserting on your civil rights, you chose to file criminal case against the then officials of the company (salaried....jinka nhi koi fix thikaanaa).
As the limitation for recovery is 3 years and already a period of 7 years has gone so it seems there is no scope to move in that direction but even then discuss the issue with documents to competent lawyer dealing in service matters.
What was your post in the company?
Kumar Doab
(Expert) 02 October 2016
The query may be drafted again so as to convey a clear message.
You may preferably spend some quality time with a very able counsel specializing in Labor/service matters and show all docs on record for a considered opinion.
Till then you may defer your decision to submit fresh resignation.
Hint; On Limitation: Assuming that due is Gratuity; There is NO limitation to claim.
Hint; On Limitation: Assuming that you are covered by the def. of 'Workman'; 1st there is NO limitation to approach labor Court of Tribunal.
Unpaid wages are debt on employer.
If you are from Haryana; confirm.
S. S. Rathi
(Querist) 03 October 2016
i am not from Haryana, i am manager at Branch office
criminal case against officers yet under investigation for issue fake reliving letter stated as resignation accepted while till date i am not resigned nor company takes any legal steps to terminate me legally. also hold my salary against work...
In 2014 one officer attend meeting at High Court mediation center and committed orallly to fullfill my loss while now yesterday he was calling and offered partial amount as settlement (but he may not be an present employee of the same organization, may be resigned NOT CONFIRM)
S. S. Rathi
(Querist) 03 October 2016
Can i file civil suit and how calculate condonation of delay (from Notice or from massage by legal officer on yesterday or from High court mediation date in 2014 or from written offer in 2010 for settle writ petitions)
pls guide urgently
S. S. Rathi
(Querist) 03 October 2016
notice issued only to officer and directors of company only
now i want to make defendant to company also whether it is possible to file civil suit against company and officers
Kumar Doab
(Expert) 03 October 2016
The query may be drafted again so as to convey a clear message.
Take someone's help to draft.
It is guessed that; The company has relieved employee by issuing relieving letter and it si mentioned in relieving letter that employee has resigned.
You have also mentioned that company has not terminated by issuing speaking termination order.
You have also mentioned that employee has not resigned.
Hence the statement in relieving letter is fake.
OR relieving letter as per you is fake.
Once company has issued relieving letter with mention of resignation by employee, how can it terminate now?
It is believed that company has not produced the said resignation letter so far in any forum/court!
Is this the fact?
S. S. Rathi
(Querist) 03 October 2016
I have forged original reliving letter alleged as resignation accepted as well fake original termination letter but both r not legal. I have already filed criminal case now I want to recover my commercial losses which arise due to company's officers .
Pls clearlimitation point how calculate condonation of delay (from Notice or from massage by legal officer on yesterday or from High court mediation date in 2014 or from written offer in 2010 for settle writ petitions) OR its still in limitation
pls guide urgently which halo me .
Guest
(Expert) 03 October 2016
Forget about limitation. At first you have the need to clarify, when documents have been forged by yourself, on what basis you want to recover, which type of losses?
Kumar Doab
(Expert) 03 October 2016
The query may be drafted again so as to convey a clear message.
Take someone's help to draft.
Post full facts of the matter.
S. S. Rathi
(Querist) 03 October 2016
thanks to all experts
Guest
(Expert) 07 October 2016
You are welcome, but not on vague academic type of queries.
S. S. Rathi
(Querist) 07 October 2016
Dhingra Sir
if u r not wish to guide pls don't blame to others as forum created for help or guide. Hence query ask here otherwise verious option available. but instead of guide repetedly mention as academic or vegue mention shows this forum intent
Rajendra K Goyal
(Expert) 07 October 2016
All documents need to be referred, can consult local lawyer dealing in service matters.
Guest
(Expert) 07 October 2016
Mr. SS Rathi,
When you have confessed yourself, "I have forged original reliving letter alleged as resignation accepted as well fake original termination letter but both r not legal. I have already filed criminal case now I want to recover my commercial losses which arise due to company's officers," what sort of help do you expect from the experts for your fraudulent activities, more so, when your case is already being fought by your own lawyer.
So, when you have your own lawyer, what specific help you want from the experts, who have not gone through your case related documents. However, if you are not satisfied with your lawyer's performance, you can change him any time.
Now since you have stated, "verious option available," you may use other options, nobody can restrain you from doing so.
So far as my guidance is concerned, I render guidance in cases, which seem genuine and with honest intentions to me.
Kumar Doab
(Expert) 06 January 2018
Limitation; Try on the basis of last communication by official of the company placed on record of court.
Hope you have record of all calls/visits/meetings.
IT is entirely your prerogative to consider resignation in current date, by attorney’s of employer in Line Management/HR/Legal cells ; if the establishment has agreed to regularize the service and pay salary/allowances/pending dues if any, etc etc for the interim period by a written agreement with you.
Later if IT violates IT’s own T&C as in agreement drafted by IT, you may a fresh cause to agitate.
If any of the employee’s/Trade unions has embraced you, try to take their help.
Guest
(Expert) 06 January 2018
Mr. Kumar Doab seems to have awaken after a deep slumber of 15 months, after 07 October 2016.
Kumar Doab
(Expert) 06 January 2018
It=@PSD
IT is none of your business who post what and on what date and why!
And IT is not slumber!
This much should suffice.
Guest
(Expert) 06 January 2018
IT=@Kumar Doab,
Of course, not my business, but I know very well, it is the business of Mr. Kumar Doab only to make multiples of vague and irrelevant posts at any time he likes.
So, Mr. Jigyasu has rightly labled you as a person with disturbed mind.
Bye.
Kumar Doab
(Expert) 06 January 2018
IT=@PSD
Once again It is another false, fake, claim by you and nothing but bundle of lies, as usual from day 1................and IT is sufficient for your addled wits,senses.....
IT is you that has a chronic habit and insatiable itch that you have been professing at passing on, instigating,provoking at LCI.............from Day1..........under your many and multiple fake ID's................
IT is you that has been doing IT to earn points at advertising ordinary membership as something Extra Ordinary outside LCI as well......under your many and multiple fake ID's................
Now GO away, and if you wish litter once again and more.....................till final day of judgment... for you...
IT is good that you know your business. Know IT properly and well, and don't disturb your mind more than IT can handle..
Guest
(Expert) 06 January 2018
@ Mr. Kumar Doab,
Again I see the best demonstration of your unsound mind through your latest post. Kuchch treatment laite kyon nahin?
Kumar Doab
(Expert) 06 January 2018
IT=@PSD
All of IT'=@PSD's multiple fake ID's....
The suggested treatment is not taken by IT, hence the unsound mind of IT.
Take IT before day of final judgment.....
Guest
(Expert) 07 January 2018
@ Mr. Kumar Doab,
OF COURSE THERE IS NO LIMITATION of 7 YEARS EVEN FOR MR. KUMAR DOAB's MIND GOING DISTURBED TO UNLIMITED EXTENT!
You may continue to demonstrate the state of your utterly disturbed unsound mind. No limitation specially for Mr. Kumar Doab.
