Respected members, My father’s name was mistakenly written as Krishal Kaushal in a labor case reference, while his actual name is Krishan Kaushal. I requested the Deputy Labour Commissioner to rectify this error. Instead of correcting it, they sent me a notice. The last part of the notice states that I need to appear on March 6th, 2017 to explain the delay in filing the application. I filed the application on January 30th, 2017, while the reference order was issued on September 17th, 2013. Please advise if the limitation act applies in this situation. I am representing the case myself. Thank you for your guidance.

Apni Law
Apni Law
Law Forum › Category: Labour & Service › Respected members, My father’s name was mistakenly written as Krishal Kaushal in a labor case reference, while his actual name is Krishan Kaushal. I requested the Deputy Labour Commissioner to rectify this error. Instead of correcting it, they sent me a notice. The last part of the notice states that I need to appear on March 6th, 2017 to explain the delay in filing the application. I filed the application on January 30th, 2017, while the reference order was issued on September 17th, 2013. Please advise if the limitation act applies in this situation. I am representing the case myself. Thank you for your guidance.
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Apni Law Staff asked 5 months ago

Respected members, My father’s name was mistakenly written as Krishal Kaushal in a labor case reference, while his actual name is Krishan Kaushal. I requested the Deputy Labour Commissioner to rectify this error. Instead of correcting it, they sent me a notice. The last part of the notice states that I need to appear on March 6th, 2017 to explain the delay in filing the application. I filed the application on January 30th, 2017, while the reference order was issued on September 17th, 2013. Please advise if the limitation act applies in this situation. I am representing the case myself. Thank you for your guidance.

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Best Answer

Apni Law Staff answered 5 months ago

The Limitation Act likely does not apply here as the time limit for filing a claim is calculated from the date the cause of action arises. Since the reference order was issued in 2013, and you filed the application in 2017, the limitation period has not expired. The Deputy Labour Commissioner’s notice seems to be related to a procedural delay in filing the application, not a limitation issue.

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