Honoring of cat order
raviprakash
(Querist) 27 November 2012
This query is : Resolved
Hello,
Pl advice me on the following:
One of friend approached CAT which gave upheld her application and ordered the Department to implement and pay all the dues within 60 days.The Department went to High Court where the writ petition was not even admitted. Now the Department is contemplating to file SLP in the Apex Court. Pl inform me:
1. Whether she can approach CAT for contempt of court
2. Whether the law provides the Department to approach the Apex Court after being rejected in the High Court
3. If answer is yes what is the time limit for filing the SLP.
4. Is the Dept bound to implement the operative portion of the CAT order and then alone go for SLP
Regards
Ravi
R.K Nanda
(Expert) 27 November 2012
1.yes, but after 60 days, when there is no stay in favour of depart by HC/SC.
2.yes.
3. as per limitation act.
4.no.
Raj Kumar Makkad
(Expert) 28 November 2012
I have also similar reply as provided above.
raviprakash
(Querist) 29 November 2012
Sir,
Thks for your replies concerning my query reg honoring CAT order. But kindly advice me as to:
1. Whether the Dept can approach Apex Court even while the contempt application has been admitted by CAT.
2. Whether the Dept can move a MA in CAT for extn of time if so on what grounds.
3.Whether CAT provides an opportunity for the employee to contest the MA of the Dept.
4. Is it 3 months as per limitation act mentioned by you for filing the SLP in the Apex Court.
Pl clarify. With regards
Ravi
Raj Kumar Makkad
(Expert) 29 November 2012
1. Yes, it can.
2. No.
3. Yes, if filed
4. Yes.
raviprakash
(Querist) 30 November 2012
Thanks very much for all the replies clarifying the legal points. One of the experts has very kindly asked me to send the details of the case which I intend to mail shortly. In the meanwhile my point of contention is:
In the case the Department has issued on order by an incompetent authority which the Hon'ble CAT has quashed that illegal order.
Even with this background can the Dept harass the employee by approaching High court/Apex court to delay, deny and drain the employee.
Does High court/Apex court allow the principal of Res-judicata in this case. For it a settled point of law that an order not issued by the competent authority is illegal. Does it should end finally at the Aoex court if the Dept willfully does that
Regards
Ravi
Sudhir Kumar, Advocate
(Expert) 01 December 2012
Appealing against an order is not harassment. Res judicata doe snot apply in appeal against decision, it applies to fresh suit.
Raj Kumar Makkad
(Expert) 01 December 2012
Right to appeal cannot be termed as a harassment. Had your case dismissed by CAT, you also would have filed the appeal which department has now filed. This is continuation of the main case so it is better to wait for the verdict of High Court.
Guest
(Expert) 01 December 2012
The process of law ends only after the approach to the Supreme Court, if one decides to do. But, why your friend is afraid of the outcome of the SLP, if the case pertains to an order issued by authority not competent to issue that?
You could have treated the act of the department as harrassment had the department not complied with the judgment of the SC on SLP, which is yet to be filed.
