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Anupam Sharma (Server Engg.)     20 November 2014

Is review application allowed

My case is regarding unfair dismissal/termination. (resignation submitted under duress/compelling circumstances) My counsel did not raise issues for which documentary evidence was available, in the claim statement or rejoinder. He had only stated that the workman submitted his resignation on 19/02-2013 with one month notice under compelling circumstances and later revoked it on 25-03-2013 as the same had not been accepted. Management is refusing to take him on duty (this is abstract). He did not file any document as evidence either. After lot of nagging he applied for amendments which have been refused. Perhaps he was playing in the hands of management. Reasons for refusal (in short) is:- The workman was aware of all the facts at the time of filing the claim statement as such amendments at this stage, when the issues have been framed and case is listed for workman's evidence and the management has disclosed it's defense, can not be allowed, as it will give rise to a completely different case. What legal remedy is now available to me? +91- 9999890523; +91-9953950679 (Delhi numbers), Copy of order if required can be seen on net. Court-Karkardoma; ADJ; Judge- Sh. Sanjay Sharma, (Presiding Officer, Industrial Tribunal); LIR No. 366/2013; date of order-18-11-2014. Akhil Kaushal V/S Kempenski Ambience Hotel. 



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     24 November 2014

Better change the lawyer, before that show the papers to a different lawyer, take his opinion and proceed if it is found feasible.

Jai Karan Nagwan (consultant)     19 December 2014

Presiding officer have no power to review, you will need to approach HIGH COURT ONLY.

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