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Civil suit for service matter

(Querist) 23 November 2011 This query is : Resolved 
Can we file a civil suit involving service matter and pray for a mandatory injuction for reinstatement of employee ?
(However, jurisdiction lies before CAT)

(Need surity of pleadings made before commencement of trial/proceedings unlike in discretionary writs etc.)

Kindly clarify, whether CAT is equivalent civil court or higher ?

Why CAT has adopted a way of proceedings like a discretionary writ court i.e. there is no requirement of essential notice and pleadings before registrar, like earlier times ?



Guest (Expert) 23 November 2011
NO.

CAT is equivlent of civil court and was specificaly established only to deal with Government service matters in order to relieve the courts from heavy load of such matters along with various types of other matters, and also to expedite service matters by dealing exclusively with such matters.
Rajeev Kumar (Expert) 23 November 2011
Agree with expert
Advocate. Arunagiri (Expert) 23 November 2011
CAT is equivalent to High Court.

You can not file a civil case for a service related issues.
Raj Kumar Makkad (Expert) 23 November 2011
I do agree with experts.
prabhakar singh (Expert) 24 November 2011
FOR THIS PART OF YOUR QUESTION:

"Can we file a civil suit involving service matter and pray for a mandatory injuction for reinstatement of employee ?
(However, jurisdiction lies before CAT)"

NO IS MY ANSWER.

EARLIER JURISDICTION VESTED IN CIVIL COURT BUT AFTER CAT THE SAME STOOD WITHDRAWN.
Devajyoti Barman (Expert) 24 November 2011
Yes I agree too.


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