Application u/s 345 crpc for invoking 175 ipc can be maintaible in cat
yogesh
(Querist) 03 December 2014
This query is : Resolved
Sir,
In matter of one service matter pending before the CAT for several years the employer made false atatement about the misplacemnt of records and when the records traced they still have not produce the records despite of filing application under AT act to summon the documents which was send to Registrat court but employer did not file reply depsite of sufficent opportunities given to them and now again refer to the main court
My query is that the employer is delibrately made the wilful contempt whether in such case application under 345 Crpc can be filed to invoke the prosvions of 175 IPC??
Devajyoti Barman
(Expert) 04 December 2014
In CAT no such application can be filed.
P. Venu
(Expert) 05 December 2014
The Administrative Tribunals have powers to punish for contempt.
Advocate. Arunagiri
(Expert) 05 December 2014
I am providing the provision for contempt on CAT.
THE ADMINISTRATIVE TRIBUNALS ACT, 1985
17. Power to punish for contempt –
A Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (70 of 1971) shall have effect subject to the modifications that –
(a) the reference therein to a High Court shall be constructed as including a reference to such Tribunal;
(b) the reference to the Advocate-General in section 15 of the said Act shall be construed, -
(i) in relation to the Central Administrative Tribunal, as a reference to the Attorney-General or the Solicitor-General or the Additional Solicitor-General; and
(ii) in relation to an Administrative Tribunal for a State or a Joint Administrative Tribunal for two or more States, as a reference to the Advocate-General of the State or any of the States for which such Tribunal has been established.
T. Kalaiselvan, Advocate
(Expert) 08 December 2014
Very well advised by expert Mr. Arunagiri, you may find relief under the referred provisions of law, discuss with your advocate and proceed.
