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Correction of name in labour reference case


18-Feb-2023 (In Labour & Service Law)
Dear respected members, My father's name in a labour reference case had been wrongly mentioned as Krishal Kaushal, whereas his name is Krishan Kaushal. I had applied to the Dy. Labour Commissioner for rectification of same. The Dy. L.C. instead of rectifying the mistake has sent me a notice, the last para of which reads as “Now,therefore, you are hereby called upon to appear before the undersigned for the purpose of condonation of delay on 06.03.2017.Claimant filed this application on 30.01.2017 while reference order has been passed on 17.09.2013.” Dear members please advise whether limitation act is applicable in such case. The case is being represented in person. Thanking you in anticipation.
Answers (2)

Answer #1
826 votes
The notice which has been served to you has been rightly served to you. Every case has a limitation period with itself and you have to approach the competent authority or court within that period of time only. In case you fails to do so then you have to state the reason as to why did you failed in doing so.
Answer #2
637 votes
Limitation is applicable in this matter. However, if the Court is of an opinion that,the delay was beyond your control or there were valid reasons for delay, then the same may be condoned. You are advised to present yourself before LC on given date and explain.

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