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Act is wrong and denied. In reply to para Nos.

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That the petitioner was never appointed as Sweeper at Rudrangi telephone exchange nor anywhere as such there is no question of transferring her from Rudrangi or continuing her services in department is not possible. In view of the above facts and discussions in above paras the I. Act and there is no appointment, removal and dismissal issued by the respondent and also filed the petitioner after lapse of 15 years for which no relief should be granted on the merits of the case and the respondent reserves to file additional counter and add another points at the time of argument and also permit to adduce the evidence in support of counter filed by the respondent in accordance with Justice and fair play.

It is, therefore, prayed that the court may be pleased to dismiss the petition without granting any relief much less as prayed for. Heard arguments Petitioner side 3 documents xerox copies are filed 1 Appointment letter in the year2 Legal notice issued in the year3 Legal notice Ack. On behalf of the respondent side, no documents are filed. Before going into the merits of the case, I would like to submit how this case was delayed. Act, and it was checked and numbered in August, It was posted by issuing notice to respondent side through RPAD on On Sri Mohd. Hence posted for final hearing.

Posted for petitioner side evidence, petitioner not tumed-up. On counsel for the petitioner requested Dax DX-2032T withdrawn the vakalat on behalf of the petitioner, in view of his appointment as Asst.


Pleader in this court. On21 adjounments granted, petitioner absent no representation, hence the court has Dax DX-2032T as no evidence on petitioner side.

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Posted for respondent side evidence on Onrespondent side also, respondent and his counsel not attended the court and to co-operate to let in evidence, hence respondent side no evidence as not let in evidence, posted for arguments. On both the sides no representation, both the parties and their counsel best reasons known to them, refuses, avoided, neglects to attend and participate and co-operate for arguments with reasons or justification. D rules in deciding Dax DX-2032T case on merits as per the material available on record and posted for award. As per the claim statement averments filed into the court are as follows: The petitioner was appointed as Sweeper in the year and rendered service upto October, In the yearthe telephone exchange was burnt by the Dax DX-2032T, the respondent shifted all the staff to the other station and no action was taken in the case of the petitioner.

Agenda Packet - - Laserfiche WebLink

The respondent has Dax DX-2032T issued Dax DX-2032T termination order notice not paid any compensation and not taking the petitioner into duty as well as not paying the salary which is violation of Sec. The petitioner already completed the requisite days in a year as per Sec. From the respondent counter allegations are as follows: The appointment of the petitioner in the respondent department telephone exchange denied and [MFin -'ggg 3 ii l also petitioner worked for a period of 9 years also denied.

Dax DX-2032T It is also denied respondent orally informed that her services were terminated 'from service. The petitioner completed die requisite days in a year as per the Sec. The respondent counter allegations the Dax DX-2032T petition is not maintainable under the provisions of ID Act and there is no appointment, removal and dismissal issued by the respondent and also filed the petition after lapse of 15 years for which no relief should be granted oft the merits of the case and urged the court, the petition deserves to be dismissed with costs.

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Before going to the question relating to the case, I would like to state the following Sections are to be discussed; hence I will state the Sections as follows: Section 2 oo bb. Sec-2 oo retrenchment means Dax DX-2032T termination by the employer of the service of a workman for any reason whatsoever, otherwise than as the punishment inflicted by way of disciplinary action, but does not include; a voluntary retirement of the workman, b retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and workman conemed contains a stipulation in that behalf or bb termination of the service of the workman as a result of die non renewal of the contract of the employment between the employer and workman concerned on its expiry on or such contract being terminated under Dax DX-2032T stipulated in that behalf contained therein, or c termination of the service of a workman on the ground of continued ill health.

As per the available materia!


The petitioner side filed the xerox copy, the petitioner not taken step to file the original into the court. At the same rim e respondent denied the appointment order of the xerox copy filed by the petitioner. Before petitioner- workman can complain of retrenchment she has to show that she has been in continuous service for not less than days. But, in this case there is no such evidence and also respondent denied the appointment and termination. No proof of record of Dax DX-2032T for wages days or order of appointment Dax DX-2032T engagement or termination was not produced by the petitioner. It is trait that the courts and Tribunals having jurisdiction having discretionary powers to grant an appropriate relief to the petitioner-workman.

It was submitted on behalf of the respondent that or account Dax DX-2032T delay of 15 years in raising Dax DX-2032T dispute by the petitioner was not justified. As per the Apex Court judgment the delay of 7 years was held to be fatal and disentitled by the workman to any relief.

Although no period of limitation Dax DX-2032T prescribed for making a dispute, but the facts and circumstances of each case is required to be considered in dealing with stale claims. It may be noted that so far as the delay in seeking the adjudication is concerned, no formula of universal application can be laid down. It would be depend on facts of each individual case. The public policy manifested in Industrial legislation is Dax DX-2032T achieve the aim of justice and maintain peace.


Long dormant claims have often more of cruelty than of justice in themselves and therefore a legal remedy cannot be kept alive for unreasonable period, even if the statute does not provide for any limitation This I D. The long delay of 15 years no reasons mentioned though pleaded stating that the delay is beyond the control of die petitioner. The reasons stated by the petitioner she is an illeterate rural living suffering with poverty and ill-health the delay was taken place for raising with 15 years delay was exfacie bad and incompetent. Dax DX-2032T

It is well setded principle of Dax DX-2032T that as per the stale claims should not generally be encouraged or allowed unless there is a satisfactory explanation for the delay of 15 years. On the other hand it Dax DX-2032T necessary also to take into account the unsettling effect that is likely to have on the employers management financial problem. Dax Networks driver. Dax Networks Network Dax Networks Network Drivers - 11 drivers found DXT driver, [more], Not Applicable. Dax DX. Dax Networks Network Drivers.

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