At what stage moving to the HC is advisable for interim relief?
Querist :
Anonymous
(Querist) 16 January 2011
This query is : Resolved
Sir,
I have filed the suit for termination in the CAT with Interim Relief for stay on the termination
The CAT has admitted the petition and the order says
"Termination assailed. Issue notice to the Respondent"
Whether it is advisable to move to the HC as I didn't get the interim relief
Or Whether I should move to the HC after the first appearance of the Respondent (After Notice)?
R.Ramachandran
(Expert) 16 January 2011
Dear Anonymous,
It is a court procedure. It is not just like ATM machine when you insert your card and punch money will come, or electricity where the moment you put the switch the light will come.
Having filed the Application, the CAT has issued notice to the Respondent. After hearing the respondent, the CAT will decide whether any interim relief is to be given to you or not.
You have to wait and see. If the CAT does not give any interim relief, then it will dispose of your application finally.
I do not think that approaching the HC will of be of any use to you. If you do, I am sure your petition will be dismissed by the HC.
If at all, you may approach the HC only after the final order of the CAT.
Rohtash Babu Patel
(Expert) 17 January 2011
i think both experts have advised you rightly , you should have very strong case against termination, normally court does not stay termination , and ask employer to take u back in service , by doing this court is granting u final relief , which cannot be done
Amit Minocha
(Expert) 17 January 2011
unless your interim relief is declined you cannot move higher. Since notice has been issued, I think it would be decided either way in the next dates.
Querist :
Anonymous
(Querist) 17 January 2011
Sir,
Will it be right to move for interim relief before HC when the matter is pending before the CAT?
Normally HC registry received the writ petition only when complete CAT record is filed, Whether moving before the HC during the pendency of the matter before the CAT is justified?
