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Can I file defamation case against employees who file civil case
03-Mar-2023 (In Labour & Service Law)
I am working in PSU & had sent a legal notice to Office for fixing of seniority in accordance with DOPT norms directions issued by Hon'ble Courts In the legal notice one employee appointed as PA & promoted as SPA without clearing shorthand test and having qualifying service made respondent This fact with documentary proof mentioned in OA & OA disposed off by Hon'ble CAT with directions to office. Office revised seniority list by making me senior. The employee filed Civil Suit against me stating legal notice had degraded him & family. Kdly advice exemption clauses & judgements.
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Adv. S. Sethu Mahendran
Delhi | 100+ Answers
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I am sure you have served the Notice to the employer claiming your legitimate seniority. In this regard you must have mentioned his name and no other remarks must have written against him. If that is the case no Colleaugue can complaint as no personal remarks are added in notice. If you have attached documentary proof with OA to the effect that he has not cleared shorthand test and not having qualified required service for promotion ahead of you and if that is fact, you need not worry, civil suit is not sustainable. This advice is given to you based on the facts provided to us. Regds
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Adv. Wg Cdr Ajit Kakkar (Retd)
Delhi | 100+ Answers
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