90,000+ Legal Questions Answered

Dummy Teachers case, Ahmedabad, Case lost in Tribunal can it be reopened in High Court? Dummy Teachers case, Ahmedabad, Case lost in Tribunal can it be reopened in High Court?

2 years ago

My father was government Teacher at Holy child High school, Ahmedabad. School Trustee and principal was running Dummy Teachers in school, School sieged by the District Education officer in April 2004. 40 out of 47 teacher were fraud and dummy. 7 original teachers were order to work in CP patel school to issue Leaving certificate to all students. They worked 6 months from april to october at CP patel without salary when most of students got their LC, DEO found mistakes in appointment letter of 7 teachers (My father is one of them). We filled case in tribunal court but lost, our Lawyer was absent in final hearing. since then my father had no job from 2004 to 2008, then my father started working in private school. Can I reopen the case or fill new fresh case in high court. My fathers PF is also pending and now father is retired and 69 years old.

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.There seems to be lot of delay in this case so you will have to to explain the court why there has been this extraordinary delay in filing the case the case and pray for condonation of delay. If the court allows that then its fantastic and you can go ahead.
You are suggested to hire a good high court lawyer in Ahmehdabad and have thorough discussion with him/her with all you papers.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Aapne ye nhi bataya ki case kab kharij hua hai. Yadi advocate ki galti ke karan case kharij hua tha. Tab aap ko udhar hi application deni chahiye thi. Case reopen ho jata. Aap case ko tribunal me hi reopen ke liye application de. If tribunal aap ki application ko kharij kar deta hai. Tab aap high court me us aadesh ke khilaf jaa sakte hai.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
You can approach the High Court and prefer an appeal from the order of the tribunal, but your appeal would be barred by limitation period. If you are able to explain the extraordinary delay in approaching the High Court, then High Court may condone your delay, but that would very difficult.
If you like my answer, please rate me.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Your case would be dismissed by the operation of limitation period by the High Court. You should have filed the appeal as soon as you received the decision of the tribunal. Still, you can file an appeal before the High Court, explaining the circumstances and reasoning behind the extra-ordinary delay in filing the appeal. If you can make out your case, the High Court may condone the delay, but that is highly improbable in your situation.
If you like my answer, please rate me.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconDisciplinary process
Dear Client, An Enquiry Officer(EO) can seek clarification of any law point from the legal cell of the company or the panel lawyers of the company if it is required to respond to a query of a charge-s...
question iconCheating case
Dear Client, In the absence of any documentary evidence, neither can you lodge a complaint against your mother's friend with the Police, nor can you file a criminal suit for cheating on jewelry in Cou...
question iconDisciplinary process
Dear Sir, Only after conclusion of entire domestic enquiry you can approach the Appellate Authority and if such appeal is against you then you have to go to High Court for appropriate orders.
question iconQuery during the disciplinary process
Dear Sir, Only after conclusion of entire domestic enquiry you can approach the Appellate Authority and if such appeal is against you then you have to go to High Court for appropriate orders.
question iconRegarding tenant not eviction and not abiding Rent Conto Order
Dear Sir, You may go for execution of such order passed by rent control tribunal thus you may forcibly get the keys with the help of Police or break open the lock and enter into the house.