Can 340 crpc be filed if the employer has obtained decsion in his favor?
Raj
(Querist) 08 May 2015
This query is : Resolved
Sir,
In one know to case, the employer has terminated his adhoc services who has worked for 12 years in Institute(Controlled by Ministry of health).There was an order passed by standing finance committee of Minsitry of health that no adhoc services shall be discontinued...The employee approached before the CAT, But the employer has suppressed the facts and get the order in its favor..after few years, the employee came to know about the decsion of the standing finance committee as result he could not agiate before the CAT about the decsion of the standing finance committee
Now, in such circusmtances, the employer has committed perjury, please inform whether the employee has the right to file the case of perjury against the employer who has got the order in its favor??
Guest
(Expert) 08 May 2015
What concern you have with the case?
Gulshan Tanwar
(Expert) 08 May 2015
First get the case before CAT be reopened on this ground and then file 340CrPC
T. Kalaiselvan, Advocate
(Expert) 09 May 2015
The case seems to have been disposed, hence as advised get it reopened and then look for other possibilities.
Biswanath Roy
(Expert) 09 May 2015
Disclose summery of the case along with list of dates to give appropriate opinion and advice.
Raj
(Querist) 10 May 2015
Sir summary of the case is as follows:
Employee working in Institute on adhoc basis was disconitnue on Jan 2011 due to some persoanl grudge between the chief of the Institute( he was denied further adhoc extension)..challenged his disocntinuation that he was wrongly discontinued as department required his services with recommendation from departmental head...but the Institute laid the rule of Uma devi case with emphasis on doctrine legitimate expectaion.CAT gave the order against the employee and the High court confirmed the CAT order
Later he come across the Governing Body decison chaired by the Union secreatry that services of any adhoc employee should not be dicosntinued..This order/decsion was passed in 2006 but the Institute didnot dislcose before the CAT and get the order in its favor
Now the query is since the case has been disposed off and the High court has already uphold the order..in such case, whether 340 /195 Crpc application can be filed against the Institute chief for concealing the facts from the Courts and get the order in their favor??
Biswanath Roy
(Expert) 10 May 2015
Mail me scanned copies of CAT & HIGH COURT ORDERS.
Dr J C Vashista
(Expert) 11 May 2015
The order passed by CAT has already been assailed by the petitioner (employee) in writ before High Court. On both the occasions the petitioner did not mention the ratio of judgment passed in Uma Devi case.
High Court has upheld the decision of CAT in the year 2011, now it is too late to challenge in SLP.
However, my opinion is based on information provided by the author, which may vary due to change in averment/ information/circumstances of the case in hand.
Guest
(Expert) 11 May 2015
You have not replied my question. Query seems to be of academic nature, when you have not any concern with the case. You must indicate what interest you have got with a third person's case, when the case is not related to you?
