Employer has blocked my salary despite of pending C.P at CAT
Querist :
Anonymous
(Querist) 27 August 2010
This query is : Resolved
Dear Experts,
I have the personal grievance. I am wkg on adhoc basis in an organisation for several years and I have filed the OA in the Hon'ble CAT against the denial of the regular appointment against the vacancy which was created due to the resignation of one employee despite of being empannelled by the selection commitee
The Hon'ble CAT found the irregularities in making the appointment and allowed my application by giving directions to the respondent organisation to consider his case for regular appointment from the date of accural of vacancy with all consequencies with in the period of 3 months from the date of receipt of order
The respondent organisation didin't implemented the order as result I have to file the contempt petition which has already been admitted and issued notices to the respondents
Now the Accounts cell has blocked the salary of my month with the plea that they have not received any communication from higher authorities and tenure of the post has already been expired which was upto June 2010
When I stated that why they have released the salary for the month of July 2010 before I filed the Contempt petition. In return they have said that they have relaesed it by mistake
Now I have the following queries
1 When I have already filed the Contempt petition before the Hon'ble Court. Whether I should have to file the seaparte application before the Hon'ble tribunal to prove that act of the respondent was delibrate and willfully so that court can take the contempt proceedings against them?
2 Whether employer can block the salary of the employee under such circumstances?
3 Whether I should have to made the Accounts cell as separatae party?
4 Any other remedy you can suggest that will be most welcome?
Waiting for your help
Thanking you in advance
Devajyoti Barman
(Expert) 27 August 2010
1.Yes you could file any interlocutory application of this nature.
1. If the employer does nit treat him as a an employees , then they can unless he us reinstated. In your case you have been asked to be considered for employment, you are not reinstated.
3.No, not required.
4. Pursue your contempt application vigorously.
s.subramanian
(Expert) 27 August 2010
Yes. I fully agree with Mr.Barman,
Guest
(Expert) 27 August 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE MATTER KINDLY NOTE THAT.
1.YOUR MATTER WAS REFERED TO CAT ,MEANS YOU ARE IN GOVT.SERVICE.
2.YOU MAY REFER YOUR OFFER AND APPOINTMENT LETTER AND REFER THE TERMS AND CONDITIONS OF YOUR POST AND APPOINTMENT.
3.YOU MAY SEND THE COPIES OF C.A.T.ORDER TO THE RELEVENT DEPTS HANDLING YOUR PERSONNEL AND ESTABLISHMENT DEPT AND ALSO TO THE ACCOUNTS DEPT.AND PRAY FOR RELEASING YOUR SALARY.
4.YOU MAY FURTHER MENTION IN YOUR APPLICATION ABOUT THE CONTEMPT PETITION PENDING AND NOTICE ALREADY ISSUED .
5.KINDLY NOTE THAT ALL GOVT.DEPTS WORKING IS NOT AS FAST AS YOU EXPECT,HENCE IT IS ADVISIBLE TO AVOID DIRECT CLASH AND SETTLE THE MATTER PEACEFULLY AS YOU HAVE TO WORK WITH THE SAME EMPLOYER IN FUTURE PLEASE NOTE.
YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKS.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Nu.Delhi.Law.Fora.
(Expert) 27 August 2010
Much have been advised above. If I may say so,....since, your employment is at stake, you may move Delhi High Court for appropriate writ since time is essence of contract and your career and for violation of your FR i.e. Rt. to employment & food.
Trust this would suffice.
