APPLICATION U/O 7 RULE 11 C.P.C

APPLICATION U/O 7 RULE 11 C.P.C FILED BY THE

MANAGEMENT ON THE LAST DATE OF HEARING

Most Respectfully Showeth:-

1. That the first para is the matter of record.

2. That the second para is wrong and denied. It is denied that the said LCA is without any cause of action against the management, hence the same is liable to be rejected under the mandatory provisions of Order 7 rule 11 C.P.C. The rest of the para is ambiguous. It is submitted that there is very much cause of action against the management, hence LCA is very much maintainable.

3. It is a matter of record, however it is submitted that a case was registered against the petitioner wide FIR No. ..... U/S ...... IPC in P.S. ........... in which the petitioner was acquitted by the Hon’ble Court of Sh. Naveen Arora, MM, Patiala House Courts, New Delhi on dated 03-08-09.

4. The application is wrong and denied. It is denied that mere acquittal of workman in criminal court does not itself give rise to any cause of action to the workman against the management. It is further denied that his acquittal does not allow him any benefit in the independent department inquiry. It is further denied that the awarded punishment attained finality in the eyes of Law, unless the same is set aside by the Hon’ble Court. It is submitted that the acquittal of the petitioner shows that the petitioner was not guilty of wrong act and departmental enquiry cannot sustain.

5. That it is wrong as stated by the applicant. It is wrong and denied that the acquittal of the workman is of no consequence and the punishment awarded by the management stands legally valid. It is submitted that when the petitioner was not held guilty by the Hon’ble Court of Sh. Naveen Arora, MM, Patiala House Courts, New Delhi, then the management cannot hold the petitioner guilty of its own.

PRAYER

It is therefore prayed that the application of the applicant be dismissed with cost.

Date:

Place: Though Counsel