On which facts courts put their real emphasis

Querist : Anonymous (Querist) 13 January 2012 This query is : Resolved
In an ongoing service matter case of termination

on grounds of departmental reorganisation and

global recession without

enquiry/chargesheet/misconduct /retrenchment

compensation(cross of management to start) in

labour court the management in its WS has

quoted "the accountant A on dd/mm/yyyy was

offered letter of termination by hand in presence

of officials of management which he refused to

accept however cheques of his f/f dues were

prepared after 10 days of his termination which

he never collected as mentioned in his

termination letter showed to him on dd/mm/yyyy'

WHEREAS in their legal reply (also on record of

court) to his notice earlier (before submission of

their WS) they quoted " on dd/mm/yyyy at

ABOUT hours:minute he was offered letter of

termination by hand in presence of officials of

management which he refused to accept and

suggested verbally that he will submit his

resignation but your client instead send a legal

notice after 4 months from date of termination '

Now I want experts to analyse these two versions

on termination one on WS and other on legal

reply of management and give their advise

1) whether Court will go by WS facts or by legal

reply facts or will combine both the facts since

legal reply facts 'time and resignation' are not

mentioned in WS?

2) Also if some thing is said in WS earlier then

afterwords during submission of evidence

affidavit can management add some more facts

related to a situation of termination like adding

names of some more employees who were

terminated in that month when workman was

terminated on grounds of reorganisation or

global recession.

rgds

Follow Query

Report Abuse

ajay sethi (Expert) 13 January 2012
1)reply to legal notice is the foundation on which written staement is prepared . if there are contradicitions in reply/ws then defence raised in ws is moreof an after thought .

2)in affidavit of evidence management can explain facts mentioned in WS in greater deatil .

Deepak Nair (Expert) 13 January 2012
1. Teh point that you have to note is that the defence taken in the reply and WS shall not differ and the contents shall be contradictory. Minor typo error or missing details can be covered at the time of evidence or while submitting written argument or arguing orally.

2. You can file a rejoinder to the WS with the permission of the court after the WS is filed, but before the evidence.

Rajeev Kumar (Expert) 13 January 2012
Yes both the experts have well advised

Raj Kumar Makkad (Expert) 13 January 2012
1. Both the facts shall be taken into consideration and its benefits (because of self contradictory) shall go in favour of the employee.

2. Management is free to do so but if the same is proved otherwise wrong by you, its benefit shall definitely go in your favour.

Generally if a party time and again changes its statements or wants to tell more than desired, it has to face its bad consequences. So enjoy the situation.

M/s. Y-not legal services (Expert) 14 January 2012
am agree with makkad sir's view..

-tom-

Devajyoti Barman (Expert) 14 January 2012
All have rightly advised and nothing to differ.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries