Contempt of court

chirag patel (Querist) 19 February 2017 This query is : Resolved
I HAVE BEEN APPOINTED IN ONGC IN 2000 ALONGWITH 577 EMPLOYEES. WE ARE GETTING ALL THE BENEFITS AND ALLOWANCES AS PER REGULAR APPOINTMENT. IN THE YEAR 2005 ONGC HAS CHANGED OUR SERVICE CONDITIONS AND MADE US TENURE BASED EMPLOYEES ON FIX SALARY AND FOR 4 YEARS. EVERY FOUR YEARS THEY GIVE US EXTENTION. WE APPROACHED TRIBUNAL FOR JUSTICE. I AM ALSO IN THE LIST OF 577 EMPLOYEES. ALL EMPLOYEES HAVE BEEN GIVEN EXTENTION IN 2009 ALONGWITH ME. IN THE YEAR 11 TRIBUNAL PASSED ORDER IN EMPLOYEES FAVOUR. ONGC APPROACHED GUJARAT HIGH COURT. IN THE MEANTIME THE NEXT EXTENTION OF TENURE OF 4 YEARS IN 2013, I HAVE NOT BEEN GIVEN EXTENTION WITHOUT ASSIGNING ANY REASONS. WE WON IN HIGH COURT IN APRIL 2013. ONGC FILED APPEAL IN DOUBLE BENCH AND LOST. ONGC FILE APPEAL IN SUPREME COURT AND SUPREME COURT DISMISS THE ONGC APPEAL AND ASKED TO IMPLEMENT THE HIGH COURT ORDER. IN GUJARAT HIGH COURT ORDER IT CLEARLY STATES THAT FROM THE FIRST INSTANCE OF TENURE IN 2005 ALL THE EMPLOYEES WOULD BE GIVEN REGULAR APPOINTMENT. I AM ON THE ONGC ROLLS IN 2005. BUT ONGC HAS NOT CONSIDERED ME AND GIVEN ME LETTER IN 2015 THAT MY 2013 TENURE WAS NOT EXTENDED DUE TO UNSATISFACTORY PERFORMANCE AND SINCE THE JUDGEMENT OF GUJARAT HIGH COURTS HAVE BEEN CAME IN APRIL 2013 AT THAT TIME I AM NOT ON THE ONGC ROLLS AND THEREFORE THE JUDGEMENT IS NOT APPLICABLE IN MY CASE.

NOW WHAT LEGAL REMEDY I HAVE ?

CAN I FILE CONTEMPT OF COURT ?

THANKS

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Ziaur Rahman (Expert) 22 March 2017
Yes. It is clear case of contempt of court. Were your party in the initial suit instituted against ONGC? If yes then there is a legitimate right to file a contempt. You can also file a case against your termination since it was on the ground of unsatisfactory performance and was not related to the issue of tenure based extension.

Guest (Expert) 22 March 2017
Mr. Ramesh Francis,

Please clarify, did you continue to work for ONGC between the period from 2013 to 2015. If so, is any record of that office support available with you or even in that office depicting about discharge of your duties and responsibilities during that period?

Also, what about salary for that period? Did ONGC pay you salary for that period, if not formally extended your tenure.

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