Civil Procedure Code (CPC)

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Env Coord (.)     28 January 2019

Law of limitation & company's internal policies/rules

Respected Lawyers,

Kindly resolve my query and advice me.

I was employed in a company for a total period of 14 months. During my stint with the company, I went to company's head office in France for a Seminar based on the invitation received. This journey (official trip) was done in 2nd month of my employment. For the said official trip to company's head office, I had to renew my passport via Tatkal Mode for which I incurred an expenses of Rs. 9500/- (Rs. 1500 - Renewal Fee, Rs. 2000 - Tatkal Charges & Rs. 6000 - Schengen Visa). As per company's official travel policy, passport issuance and renewal fees, visa charges can be reimbursed. 
However, the company changed the travel policy w.e.f. 1st February, 2018 removing reimbursement of passport renewal fees but continued remibursement for visa fees. 
This expense was incurred by me in December, 2017 and I had gone to France in Jan, 2018.
Due to an oversight by me I forgot to submit the expense claim voucher for reimbursement. 
The same came to my memory in October 2018 (i.e.) 9 months later. Accordingly, I submitted the expense claim voucher for reimbursement of passport renewal fees.
Now, the company is denying reimbursement of this amount on two grounds:
1. The expense voucher for reimnursement has been submitted on delayed basis. As per company rules the same should have submitted within 30 days from completion of official trip (i.e.) it should have been submitted by 10th February, 2018.
2. Company insists that the rules have been amended on this matter w.e.f. 1st Feb, 2018 and same is now beyond the scope of reimbursement policy. Hence, it can't be claimed now.

1. Since, I submitted the expense voucher for reimbursement in October, 2018. Can it be claimed by invoking Limitation Act, 1963 wherein time-period to claim money is 3 years ?

2. Is it true that reducing the limitation period to enforce contract or any part of contract is legally void as per Section 23, 24 & 28 of the Indian Contract Act, 1872 ?

3. Can this claim be pressed through a lawsuit against the Company under Summary Civil Suit (Order 37 of Code of Civil Procedure) ?

Looking forward to your advice in this regards.

Thanks & Regards,
​Vishal Saha.

 1 Replies

Kumar Doab (FIN)     28 January 2019

The underlined reason might be company has closed the books for financial year upto 31 March 2018.

Try by writing to superior of the designated official or good offices of appointing authority/MD/CEO.

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