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Kishore Kumar Sethi (Self-Employed)     04 August 2009

Time Barred

1.   The employee was terminated on 1st March, 2006.  He was not issued any termination letter.

2.  The employee wrote for his salary of February, 2006. 

3.  He was sent a letter on 21.4.2009 in which the company made one full and final payment account.  In the letter the company wrote only Wages without mentioning the no. of days but the amount was only for less no. of days of February.

4.   The employee filed case for recovery on 27th February, 2009 before three years.

5.   Now the employer says that the case is time barred since the employee has worked for only 16 days of February, 2006, whereas the employee worked till 1st March, 2009.

6.  No termination letter was issued by the Employer.

Now, the questions are :-

1.  Whether the case is to be considered time barred or not - If not can any Supreme Court or any such ruling can be quoted.

2.  When the employer has not given any termination letter and in between there is no correspondence between the employee and employer in this regard whether it is to be considered Termination or employee leaving at his own.  Please provide judgement reference with this.

Kindly clarify these points for my personal use.

Thanks and regards

Kishore Kumar Sethi

E-mail: chm@chmprojects.com


 4 Replies

jagadish paranjape (Advocate)     06 August 2009

It is presumed that the employee is wokrman under I.D.Act 1947.If he is aggrieved by termination he can raise an Industrial dispute u/s2A of the I.D.Act 1947.There is no

limitation prescribed.He should be able to explain delay.As for his earlier wages is concerned he can file claim u/s 33(c)(2) of the I.D.Act1947.here again there is no limitation prescribed.Incase he is not aworkman under Industrial Disputes Act he can approach civil court praying for declairatory relief,that he continues to be in service.

1 Like

Kishore Kumar Sethi (Self-Employed)     09 August 2009

1.  The employee has not been given termination letter.

2. It is over 3 years that he was terminated but in the letter sent by the comany it was not mentioned whether he was terminated or employee was not reporting for duty.

3. The employee was Chief Executive of company.


Kishore Kumar Sethi (Self-Employed)     09 August 2009

1.  The appointment letter does state that employee shall be for probation of one year and thereafter he shall be confirmed by a seperte letter.  But after almost 10 years of regular service he was not given any confirmation letter.

2.  Even while terminating, termination letter was not issued by the company.

3.  Till date even the company has not asked for explanation as to why the employee has not reported for duty after termination date.

4. The first objection which the court has to decide is whether the objection i.e. the case becomes time barred after 3 years is valid or not.  The company claims the employee worked till 16th February whereas the employee says he worked till 28th February.  The claim was filed after 16th February but before 28th February.  The employer is not able to show the attendance register with signature of employee.  He is showing the register of attendance by filling P for present and A for absent by themselves.  Is it valid or not?   

5.  Now what stand the employee can take with regard to time barrred case and regarding termination.  The employer is even refusing to pay for the 3 months salary towards termination by claiming that the employee was not terminate and left at his own.

mahesh pandey (Vice President)     10 August 2009

As the terminated employee is chief executive therefore he is not a workmen u/s 2(s) of the I.D.Act,1947& hence he has 2 file acivil suit. For recovery of any legal dues which he is entitled 2 from the employer, he is at liberty to file a case u/s 33C(2) of the I.D.Act before any labour court

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