Labour Law

Querist : Anonymous (Querist) 11 February 2011 This query is : Resolved
Leave taken with out permission on 1995 for 525 days.After that joined the service. Removal order came on 2005. Can the employee move aginst the removal order now?Thank you

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Dayananda Gowda (Expert) 11 February 2011
It is very clear from your question that, you have not challenged the removal order of 2005. It is 5 years delay. The law is not permitted. If you failed to challenge the said order within the statutory period due to your health problem or any sufficient reason to show you can challenge the order along with proper application to condone the delay. It is very necessary to prove the reason

Kirti Kar Tripathi (Expert) 12 February 2011
You have joined after alleged leave. Thus the misconduct on account of long absence got its effects lost. But since the removal order was passed on 2005 now it is 2011. To challenge the same may be defeated on account of delay. However, you can challenge the same if you have sufficient ground explaining the cause of delay. so you can try.

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