Respondent refuse to restore Petitioner to a position.
5. Petitioner had not been reemployed by Respondent up to the time of the trial. Petitioner is at present ready, willing and able to return to work with Respondent.
6. Petitioner was employed in a shipyard in Charleston, South Carolina, from January 14, 1946, to September 18, 1946, and in the firm of Cohen and Fein, Wilkes-Barre, Pennsylvania, from January, 1947, to the time of the trial, except for certain slack periods in 1947 and 1949.
7. In November, 1947, almost two years after Petitioner's honorable discharge and during one of the slack periods at Cohen and Fein, where he was then employed, Petitioner did make application for reemployment with the Respondent.
8. Petitioner made no effort to assert any right he may have had to reemployment with Respondent until after September 23, 1946, the date of his return from South Carolina, when he reported to the Veterans' Administration. Later Petitioner inquired about his rights at a social security office and was referred to the Veterans of Foreign Wars and to an attorney in Wilkes-Barre, Pennsylvania, who advised him to see the United States Attorney in Scranton, which Petitioner did on October, 1948. Suit was instituted by the United States Attorneys' office on behalf of the Petitioner on September 23, 1949.
The Court makes the following Conclusions of Law:
1. Petitioner, Albert C. Lacek, did not make application to the Respondent, the Peoples Laundry Company, for reemployment within ninety days after he was honorably discharged from the United States Army Air Corps within the meaning of the Selective Training and Service Act of 1940, as amended, 50 U.S.C.A.Appendix, § 308(b).
2. If Petitioner were otherwise entitled to relief under the Selective Training and Service Act of 1940, as amended, and this Court has determined above that he is not so entitled, he would be precluded from relief by reason of laches in asserting his rights.
3. Petitioner, Albert C. Lacek, is entitled neither to reinstatement to his former position with the Respondent nor to compensation for loss of wages from the Respondent.
4. The prayer of the Petition of Albert C. Lacek should be denied, and the said Petition should be dismissed.