(1.) THE appeal impugns the judgment and decree (dated 18th April, 2013 of the Court of the Additional District Judge (ADJ) -06, West District, Tis Hazari Courts, Delhi) of dismissal of CS No.453/2012 filed by the appellant consequent to rejection of the plaint on the ground of the suit claim being barred by time and the benefit of Section 14 of the Limitation Act, 1963 being not available to the appellant/plaintiff; it was also observed that the suit was barred by res judicata.
(2.) THE appellant/plaintiff had in or about September, 2010 instituted the suit from which this appeal arises for the reliefs of, (i) declaration that the termination dated 26th September, 1996 of his services by the respondent/defendant was illegal and wrong; (ii) recovery of an amount of Rs.11 lakhs from the respondent/defendant on account of damages and compensation for illegal termination dated 26th September, 1996; (iii) recovery of Rs.5 lakhs from the respondent/defendant towards legal expenses incurred by the appellant/plaintiff; and (iv) direction to the respondent/defendant to pay to the appellant/plaintiff the amounts due to the appellant/plaintiff towards provident fund, performance linked bonus etc.
(3.) IT was inter alia the case of the appellant/plaintiff, (i) that since the respondent/defendant inspite of his legal notice refused to reinstate him into service, the appellant/plaintiff on 17th March, 1997 initiated conciliation proceedings by raising an industrial dispute before the Conciliation Officer; (ii) that the Conciliation Officer could not reconcile due to adamant and vindictive attitude of the respondent/defendant; (iii) the conciliation thus failed and the following reference was made to the Labour Court: