Labour Law

Querist : Anonymous (Querist) 02 March 2010 This query is : Resolved
Dear Sir

A state govt employee terminated and he won the case at lower and Highcourt.But the state government went to appeal to Highcourt.

The employee has no intimation about the filing and he loose the case for absent.

His economic conditions become worse, then he is silent. There is no intimation about the case from their office.

This was happen before 14 years.

Is there any chance to file the appeal {limitation}. He didnt get any allowance and PF.

Please give yours suggestion.

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R.R. KRISHNAA (Expert) 02 March 2010
There is a huge delay standing as a bar for the employee to approach the court.

Though the employee can very well file a review petition before the high court and seek to reopen the case on the ground that he had not been served properly (i.e., summons) or on anyother valid legal ground, the huge delay could affect his merits.

In my over all opinion, the employee has less chances to knock the door of the court.

B K Raghavendra Rao (Expert) 02 March 2010
The High Court would order notice to the respondents immediately on admitting the case. If he had changed his residence without intimation for any other reasons for which the employee is solely responsible, he would have received the notice along with a copy of the petition. Even presuming that the employee did not get the notice, the High Courts would not allow the petition just because the employee is absent at the court. The petition would be decided on merit. Probably, the employee has lost on merits.

Now, after a long lapse of fourteen years, the High Court would not entertain review petition unless some very strong cause is shown to the satisfaction of the court which I think is next to impossible.

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