Whether W.P(C) is maintainable against the contempt proceedings?

Querist : Anonymous (Querist) 20 September 2010 This query is : Resolved
Respected Experts,

I have filed the Contempt Petition against my organisation for non-implementation of the Order passed by the Central Administrative Tribunal passed by the Principal Bench which has been directed to implement it with in 3 months.The Contempt petition was admitted and issued notices to the contemnors where personal appearance was exempted . Therafter the Organisation has blocked my salary Then I filed the Miscellaneous Application , the CAT has given orders to file the reply with in one week time in response to contempt Petition and Miscellaneous Application

Today the hearing was done , the counsel of the contemnors has stated before the bench that they will now going to file the Writ Petition before the High Court which infuriated the Hon'ble Bench and has issued directions that the contemnors has planned to file the Writ Petition after the expiry period and has summoned the chief of organisation to appear personally before the Bench

My queries are:

1 Whether I should wait for contempt proceedings for the implememtataion of the order?
2 Whether I should filed the caveat Application before the Hon'ble High Court under the provisions of the CPC?

3 Whether I should filed for the certify order of the CAT and filed the another Contempt Petition before the Bench?

4 Since order has been passed 6 months ago whether Writ Petition against the Order is manatainable as the W.P may be Time barred?

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Chanchal Nag Chowdhury (Expert) 21 September 2010
1. Yes.
2. Yes.
3. Not required, as the CAT is already in seisin of the matter.
4. May not be Time barred as the proceedings before the HC is under Art. 226 of the Constitution of India. Nevertheless, the employer will have a lot of explaining to do relating to the delay. This is likely to help your cause as the HC is unlikely to grant a stay of operation of the CAT order & your salaries, in all probability, will be released.

Uma parameswaran (Expert) 21 September 2010
I am also supporting the above view.

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