Harassment by employer
varun
(Querist) 12 February 2015
This query is : Resolved
1. I appeared in entrance examination conducted by BSNL for the post of JTO in the year 2002. For which final year students were also eligible provided they were in possession of their final degree marksheets on or before 31/07/2002. But my marksheets were delayed. I was in possession of my marksheets at the time of declaration of results by BSNL which was declared on 16/09/2002. I was denied appointment by BSNL on this ground.
2. I approached in Hon’ble High Court, New Delhi in Dec-2002. Got judgment in my favour in Jan-2004 (CW 5181/2003 dt. 13/01/2004) (1)
3. BSNL appeal Hon’ble High Court bench, New Delhi. Bench upheld the judgment passed by single learned judge in Feb-2004 (WA 245/2004 dt. 27/02/2004 ) (2)
4. BSNL appealed in Hon’ble Supreme Court. Hon’ble Supreme Court admitted the case without granting any stay on the Hon’ble High Court Bench, New Delhi order. But still BSNL did not appoint the applicants. (Civil Appeal 4835/2005 dt. 30/01/2008) (3)
5. In 2008, Hon’ble Supreme Court pronounced judgment in my favour. Thereafter joining formalities were implemented by BSNL. But rather implementing Court order from retrospective effect, BSNL implemented it prospectively thereby treating me as fresher.
6. Now to come at par with my batch mates I again approached Principal Bench CAT, New Delhi for following:
a) My Seniority and salary at par with my batch mates.
b) eligibility to appear in departmental competitive exam for which 3 yrs length of service is prerequisite (Since all my batch mates joined in year 2002 batch. Hence they were eligible)
c) eligibility to appear in Management Trainee examination for which 4 yrs work-experience is pre-requisite (Since all my batch mates joined in year 2002 batch. Hence they were eligible)
d) functional upgradation which are provided after 4 years of service. Presently my batchmates are in grade E3 and I am still in E2.
7. In 2009, I Filed Court case in Hon’ble Principal Bench CAT, New Delhi regarding length of service, seniority and other benefits at par with my 2002 batch-mates (OA 2854/2009 dt. 03/06/2010)(4)
8. In 2010 Hon’ble Principal Bench CAT, New Delhi pronounced judgement partially in my favour. I was granted seniority and pay-fixation at par with my batch mates (point 5.(a)). But denied length of service which was required to appear in various promotion competitive exams for which my batchmates of 2002 batch were eligible. Judgement was silent on point 5.(b) and denied my entitlement for point 5.(c).
9. To implement the Hon’ble Principal Bench CAT, New Delhi orders issued in point 7, I had to file contempt after 6 month of judgment (5) (CP 956/2010 dt. 18/01/2011)
10. To challenge the length of service, I challenged the Hon’ble Principal Bench CAT, New Delhi orders to limited extent in Hon’ble High Court Bench, New Delhi. Hon’ble High Court Bench, New Delhi passed order to approach Hon’ble Principal Bench CAT, New Delhi again as there was no clarity on the issue. (6) (WP(C)-8704/2010 dt. 15/09/2011)
11. I approached Hon’ble Principal Bench CAT, New Delhi again in 2011 and got judgment in our favour in 2013. (7) (OA 116/2012 dt. 08/01/2013)
12. Again to implement those order, I had to file contempt in 2014 Hon’ble in Principal Bench CAT, New Delhi. (8) (CP 487/2013 dt. 17/01/2014)
13. Additionally, I filed caveat in Hon’ble High Court, New Delhi to avoid one sided stay to BSNL on Hon’ble Principal Bench CAT, New Delhi orders. (9)
14. BSNL challenged the Hon’ble Principal Bench CAT, New Delhi order in Hon’ble High Court, New Delhi and their case was rejected at the time of admission itself. (WPC 7175/2013 dt. 20/11/2013) (10)
15. I filed caveat in Hon’ble Supreme Court, New Delhi to avoid one sided stay to BSNL again. (11)
16. The Hon’ble Supreme Court, New Delhi admitted the case without granting any stay on Hon’ble Principal Bench CAT, New Delhi orders. Hence BSNL implemented Hon’ble Principal Bench CAT, New Delhi orders but not in totality. (civil appeal 3805/2014)(12)
17. In contempt petition Hon’ble Principal Bench CAT, New Delhi directed that applicants will submit their representations and BSNL to consider our notional joining date as joining date for all practical purposes with liberty to revive the contempt.
18. As BSNL was not granted stay order by Hon’ble Supreme Court, BSNL implemented Hon’ble Principal Bench CAT, New Delhi judgment but denied us functional upgradation at with 2002-2003 batch which is due in every four years on the plea that our length of service is less by 6 years.
19. I have again filed an MA in Hon’ble Principal Bench CAT, New Delhi for reviving the contempt. (13)
Now, My question pertains to whether I am entitled for harassment case against my employer and under which rule. Since I have to approach Court of law for each right. So many cases have put a lot of mental and financial pressure on me. I have to approach Court of law 13 times to claim my rights out of which 2 are still ongoing). Pl suggest and help what action should I take.
All judgments from 2008 are available on respective court websites
Devajyoti Barman
(Expert) 13 February 2015
You have to wait till disposal of the appeal in supreme court.
The opponent is exercising legal resources only for which no case can be filed against them.
You have to wait till final verdict is passed.
Rajendra K Goyal
(Expert) 14 February 2015
Agree with the expert Devajyoti Barman ji.
P. Venu
(Expert) 15 February 2015
The ongoing litigation has been substantial points of law and hence do not constitute harassment.
It is advisable that the hiccups you have been facing be treated as challenges which you have successfully met. Very few people are fortunate in achieving fulfillment of this calibre.
