In the name of compliance of hon"ble court order,employer is nowputting conditions before.......
chitra gupta
(Querist) 05 June 2012
This query is : Resolved
The ill fated employee is a victim of conspiracy made by high level officials and been put under suspension since 2003 during sanctioned EL period at home town(.)The employer did not revoke the EL and the employee had applied to the appealate authority to consider the suspension order( without serving any show cause notice) and requested the authority to give him permission to stay at his home town during EL period to avoid double establishments(and also on security point of view)....it was never answered and the victim knocked the door of the hon" ble high court (WP was filed and now a sub- judice matter).The hon"ble court has now directed the employer to pay un-paid subsistance allowance(for more than 45months) to the pettn./employee within 3weeks without putting any condition(.) The employer/respondent has failed to disburse the un-paid sub.allowance within the schedule framed by the hon"ble high court and now asking the victim to visit its office and put signatures on some papers and to collect cheque(.)Earlier cheques were sent to the victim"s home town by regd. post(.)Now,question is.....can any respondent put pressure on the pettn.before releasing any sub.allowance payment cheque(as per hon"ble court order)and put condition which was never asked for...? we know that non- payment of sub.allowance is violation of ART.21 of the constitution where the victim/pettn is submitting non employment certificate on regular basis by post/fax/e-mail(.)plz. advise......future course of action....thanks in anticipation to all(>)
Devajyoti Barman
(Expert) 05 June 2012
In the event of scheme drawn by the high court neither of you could violate it.
If there is any deviation or violation from implementing it from the side of the employer then you have to file contempt petition before the high court.
ajay sethi
(Expert) 05 June 2012
the respondents are bound to comply with order passed by high court to pay un paid subsistence allwance of 45 months within period of 3 weeks . if they have failed to comply with order you ought to issue them notice enclsing copy of high cpourt and request them to comply with the said high court order immediatedly .
if the respondents have requested you to visit the office to collect cheques there is no harm in going personally to collect the cheques . what are papers they are wanting you to sign ? you cna while collecting cheques refuse to sign any papers which cna harm your interests
