Settlement of dues while matter is sub-judice in courts.....
Vinod Shah
(Querist) 10 March 2018
This query is : Resolved
Dear Experts,
One of my friend got terminated from his service on baseless and patently illegal charges framed against him by his employer. No principal of natural justice followed and no reasonable opportunities given during the course of departmental inquiry proceedings. He approached to Central Administrative Tribunal (CAT) and the High Court of Delhi seeking interim relief for reinstatement and stay on operations of orders of removal of service including letters of employer for asking vacation of company accommodation and house building advance taken. CAT admitted the case and inclined to allow any interim relief by mentioning in its interim order that that the matter is serious and the employee is out of employment, hence CAT will dispose off the case amicably in interest of employee. Employee approached to High Court of Delhi seeking same interim relief but High Court of Delhi also inclined to allow any interim relief to employee and relying upon the CAT's interim Order and presumed that the matter in pending before the CAT and the CAT is mindful and acting in favour of applicant. Despite of these orders of High Court of Delhi and the CAT, employer is sending letters to terminated employee and asking him to vacate the accommodation and repay panel rent as well as housing building advance immediately. It is clear signal that the motive of employer is to disturb family life of terminated employee and harass him.
Now, my question is that :
a) Is action of employer is good in the instant case?
b) Can an employer ask for outstanding dues if matter is pending before the service matter court i.e CAT?
Kindly suggest what is scope of legal remedy for applicant in the instant case so that he may be prevented from the undue harassment by the employer. Please note that applicant is still unemployed and no source of income. He is living with his family along with two small school going children (daughters) in the employer's accommodation.
Prima facie the case is in favour of employee and he is 100% ensured that he will be reinstated back in service after finalization of case in the court.
Your suggestion on this matter will be very helpful for him and can save his life from undue harassment.
Vijay Raj Mahajan
(Expert) 11 March 2018
Move interim application before the CAT for stay of the eviction order of the employee from the accommodation and recovery of rent from the employee for the period as per their notice. The notice f eviction etc. served upon the employee be kept at hold till the final decision of the present matter pending before the CAT.
P. Venu
(Expert) 11 March 2018
The details posted suggest that the query is based on hearsay and hence inchoate. Please post the material facts avoiding all embellishments.
Dr J C Vashista
(Expert) 12 March 2018
Show the case file to some prudent lawyer in CAT PB New Delhi for proper appreciation of facts and guidance.
If you feel you may contact me at my email:
majjagdish@yahooo.com
Vinod Shah
(Querist) 12 March 2018
May he approach before the High Court for seeking same relief by filing a Misc. Application as advised by Adv Vijay Raj Mahajan sir? Matter was also raised before the Delhi High Court but no relief granted.
Sudhir Kumar, Advocate
(Expert) 16 March 2018
Tried to hide as to who is employer.
Since it is CAT matter the employer may be a dept of central govt or psu within CAT jurisdiction.
Sudhir Kumar, Advocate
(Expert) 16 March 2018
further when mater is pending in CAT how could you file appearl in High Court. please eelborate.
P. Venu
(Expert) 16 March 2018
Silence of the querist is intriguing!
Guest
(Expert) 16 March 2018
I am of the opinion that you have not been able to properly present the problem.
By the way, what do you mean by your description that the CAT and HC are inclined to allow relief, when not yet allowed and how you could come to the conclusion that both the CAT and HC will definitely allow relief to your friend?
Also, what is the mystery that your friend has filed his case in both the CAT as well as the HC at a time?
First of all, you have the need to properly understand what exactly is the case and problem of your friend. Then wait for the relief if any granted by the competent court of law. Without grant of any specific relief by the CAT or HC, no employer can be bound to show mercy on your friend or his family against the departmental rules to allow occupation of the official residence beyond the prescribed period of retention of residence and without paying penal or market rent, as per organizational rules. Similarly, the employer can also not wait indefinitely for the recovery of the HBA/Home loan after dismissal of its employee. Only specific court order can help your friend to get the actions of the employer stayed.
Even if relief is granted, your friend will have to pay the penal rent for retention of official residence beyond the prescribed period of retention.
Try to get relief from the competent court and then expect the employer to implement the order of the court. Be aware, without any court order the problems of your friend will not be subsided. All efforts will be futile on his part. To be frank, employer is bound to observe the provisions of rules, rather than resorting to emotional acts of mercy on your friend, who is not in service now.
Also, pendency of the case in the court does not mean stay granted by the court. In the absence of any stay on any specific issue, the employer can make recovery of his dues without any hitch.
