Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation: Suit - Period of limitation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Limitation: Suit - Period of limitation - Services of plaintiff terminated for remaining unauthorisedly absent - Given a fresh appointment on purely temporary basis - Suit filed after 12 years claiming seniority from the date of initial appointment and claiming limitation from the date of rejection of his last representation - Held: Period of limitation would commence from the date on which cause of action takes place - Simply by making a representation, when there is no statutory provision or there is no statutory appeal provided, period of limitation would not get extended - Law does not permit extension of period of limitation by mere filing of a representation - Period of limitation would not Commence from the date on which the last representation is decided - In the instant case, there was no provision with regard to any statutory appeal - Respondent kept on making representations one after another and all the representations were rejected - Courts below committed an error by considering the date of rejection of last representation as the date on which cause of action had arisen - Orders of courts below are set aside - Suit stands dismissed - Service law. Service Law:Seniority - Initial appointment terminated for employee being unathorisedly absent - Subsequently employee given fresh appointment on temporary basis - Claim for seniority from initial employment - Held: Services of respondent in his first employment having been terminated because of his unauthorised absence, there could not have been any question with regard to continuity of service with effect from first employment. |
Judge | Hon'ble Mr. Justice Anil R. Dave |
Neutral Citation | 2014 INSC 296 |
Petitioner | State Of Tripura & Ors. |
Respondent | Arabinda Chakraborty & Ors. |
SCR | [2014] 5 S.C.R. 281 |
Judgement Date | 2014-04-21 |
Case Number | 1322 |
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