(Querist) 22 January 2021
This query is : Resolved
Hi, Interesting situation, the employee was verbally abuse in front of fellow colleague and on being complaint to higher management about abuse by superior, employee was terminated. Employee filed complaint with labour commissioner against it and then before labour court and proceeding is pending at this moment before labour court. Employee pursued everything in person without the help of lawyer and right now also fighting in person before labour court. It is the case of employee that he want compensation from concern superior for defamation but thought that labour commissioner and labour court will give it because it is employer employee dispute. Now he realised that for this separate suit for recovery needs to be filed for defamation damage. It is more than one year and out of limitation for civil suit for recovery of damages of defamation. If period spent before labour commissioner and labour court is excluded for computation u\s 14 of limitation act then suit for damages will be within limitation. What do you think about it? Any chances of success in this? Thank you.
Advocate Bhartesh goyal
(Expert) 24 January 2021
Limitation to file recovery of money in form of damages,costs and compensation is three years from the date of cause of action so you need not to take advantages of sec 14 of limitation Act.
(Querist) 25 January 2021
Thank you for your reply. You must be right. I have no doubt about it. But article 75 & 76 of limitation act says that limitation for libel and slander is one year. Then as per which article it is three years. My second question is that 15 days legal notice for recovery is already served. 15 days are yet to complete but if I three years limitation period is considered then notice is served on last date of limitation. In that case period of notice will be excluded or not?
(Expert) 26 January 2021
May be the termination could be unsustainable; however the alleged abuse by the superior need not constitute a cause of action for an action in libel or slander or defamation unless the circumstances are exceptional.