What is the limitation period for service law?
K.K.Ganguly
(Querist) 21 January 2012
This query is : Resolved
Would the Ld. Experts kindly opine.
One software professional having M.Tech Degree from IIT, Mumbai was working with a reputed software development firm at Salt Lake, Kolkata. Immediately after his marriage, problem arose and his wife obtained Divorce ex-parte. During the process the man asked HR department of his employer to grant him leave for a long period which the HR approved. But after some time he was discharged from service for absence. He was sent a draft letter by email which states that he is accepting the dismissal and was informed over phone that if he signs that letter then only he will be given release order which is required for his getting a new job. All correspondences are through emails sent and received before 3 ½ years. He was not given his PF, Gratuity, Bonus etc & the dues are for Rs.10 lakhs. The problem is the man had developed mental problem and did not act or react for more than 3 years.Now he has mostly recovered and want his dues and the release order.
My question is.
1) What is the limitation period for these types of cases?
2) Will any application for condonation for delay be acceptable in the said case? If yes, what logic to be shown for the delay? Will not that showing the mental problem as the reason for delay cause problem later on for his future employment?
3) Which court the application is to be filed with and under what sections?
4) Should he send his claim now at least to start with?
Thanks in advance.
prabhakar singh
(Expert) 21 January 2012
Has he any medical certification by an authorized doctor to prove the fact of his incapacity to act independently during the period of illness,then such incapacitated period may postpone the limitation to that extent.Limitation is 03 years from the date of cause of action.If he fell mentally ill after the cause of action has started to run then case should be filled just on fitness date certified by the doctor.
It would be better to consult a local lawyer.
Raj Kumar Makkad
(Expert) 21 January 2012
1. 3 years from last acceptance of employer.
2. It can be moved in the given facts.
3. Suit for recovery before Civil court at Kolkatta.
4. of course otherwise it is his mercy because after all money belongs to him and not of us.
We have immediately on the same day have replied his query whereas he has taken more than 3 years even for making his claim. God save such person.
