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
