application of res judicata

Guest (Querist) 23 April 2010 This query is : Resolved
sir, recently i filed an O.A. before CAT for my reinstatement in contractual services as my fundamental right to equality under art. 14 since all my juniors are retained
earlier also i filed a petition before high court on ground of harassment and no issue of discrimination was settled by high court and it was dismissed in limine speaking that there is no legal right vested in such employee to compel employer to continue him.
no issue of violation of article 14 was claimed/raised nor it was settled or decided
now as per my intusion the CAT is going to apply principles of res judicata in the present O.A. after severe agitation by respondent, while the present reinstatement is sought from a different period and right to equality is claimed as a recurrent greivance each time juniors are extended.hence cause of action is entirely different.
what can I do if CAT decides it against me although i have filed my protest and citations in favour. is it possible to apply res judicata against exercise of fundamental rights without going into merits of case, while CAT follows principles of natural justice and not CPC
sir is there any guarantee of fundamental rights if they are proved to be infringed and if no finding was given by court in earlier petition?

Follow Query

Report Abuse

Daksh (Expert) 23 April 2010
Dear Ms.Shivaji Rao,

You are absolutely right on the issue of res judicata as if the matter pertains to the similar cause of action and amongst the same parties hence your subsequent petitioning is barred on res judicata principle.

Best Regards
Daksh

Raj Kumar Makkad (Expert) 23 April 2010
I have similar opinion as of you.

niranjan (Expert) 23 April 2010
Resjudicata- For applicability of the principle of resjudicata essential conditions are ;(i)THAT THE LITIGATING PARTIES IN THE TWO SUITS MUUST BE THE SAME(ii)that the subject matter of the suit must also be identical (iii)the matter must be heard and finally decided by the court and (iv)the decision should be by a court of competent jurisdiction.,2010(2)Civil Court Cases 096 Allahbad.So according to me in the present case Resjudicata is not applicable.

Uma parameswaran (Expert) 23 April 2010
If the prayer in writ petition is also repeated in the petition filed before CAT,then Resjudicata shall apply to that particular prayer.

Gulshan Tanwar (Expert) 28 April 2010
The basic law is that no statutes or law can take away ones right.

File a writ again in the High Court against the Registrar of High Court for your grievances....

U can send either here on this forum or at my email address, the copy of the Order of the High Court, then only it can be ascertained.

gulshantanwar@gmail.com

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries