Regarding emergent notice from high court
Vijay
(Querist) 26 August 2018
This query is : Resolved
Dear Sir.
I am Working as a RFO in karnataka, two months back I got transferred from Bellary to mysore, but still I am minor, so I went to KAT and decision came into my favour, opposite person again went to high court and from high I received a emergent notice by mentioning to attend the court within in 5 days. Now I am in confuse whtr to attend court or no. Plz guide us
Guest
(Expert) 26 August 2018
I you are still minor, how you were appointed to work as RFO in Karnataka? Instead of clarifying the query at your earlier question, you have put a fresh query.
Also, when you have already fought the case and won, is there any specific reason that you have not asked your question from your own lawyer, who fought the case for you in KAT?
Kumar Doab
(Expert) 26 August 2018
You may modify the query and redraft so as to convey a clear message.
Your own very able LOCAL counsel might have opined to appear in HC.
If you are properly informed PIP and well versed with court procedures and can handle the matter on your own, go ahead.
Or proceed as per expert advice of your own counsel as already suggested, and try to defend your interest.
Approach your own very able LOCAL senior counsel of unshakable repute and integrity specializing in concerned field of law e.g; service matters as in your case, and well versed with LOCAL applicable rules/laws …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record and even draft the required/suitable reply for you.
There are such very able counsels at each location.
You might already be having one such counsel as you have won the case.
Kumar Doab
(Expert) 26 August 2018
The OP has a right to approach courts.
If you are not satisfied with last counsel approach another.
If HC is at another location your last counsel can help you to find another counsel or even seasoned employee’s/trade union leaders, colleagues, can help you.
Or you can personally check for such counsels at jurisdictional HC …
Kumar Doab
(Expert) 26 August 2018
Your counsel would have also opined on; if you should convey your inability to attend and if yes, and how.
And even that your counsel can appear and take fresh date.
Time of 5days is although short but may be considered time to engage counsel and appear or appear in person and may be related with HC rules…
Kumar Doab
(Expert) 26 August 2018
GO thru HC rules
e.g;
Page;32;7
CHAPTER – XV;Postings and Adjournments of Cases;2,
http://dpal.kar.nic.in/Kanunu%20padakosha%20PDF%20Files/HighcourtR/HC(K)Rules.pdf
THE WRIT PROCEEDINGS RULES, 1977
http://dpal.kar.nic.in/Kanunu%20padakosha%20PDF%20Files/HighcourtR/HC(Writ)1977.pdf
Kumar Doab
(Expert) 26 August 2018
And some judgments
e.g;
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 02ND DAY OF AUGUST 2012 PRESENT THE HON’BLE MR.JUSTICE DILIP B. BHOSALE AND THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY WRIT APPEAL NO.50337/2012(S-RES)
BETWEEN
Lalbi W/o Moinuddin
AND 1. Modinamma @ Modinbee
http://judgmenthck.kar.nic.in/judgments/bitstream/123456789/906538/1/WA50337-12-02-08-2012.pdf
Karnataka High Court
Sri K Govindaraj vs Sri B S Yeddyurappa on 14 March, 2017
Author: B.Veerappa
https://indiankanoon.org/doc/102818156/
You can get clear idea and rest your own counsel can advise you best to mind your interest per facts and details of your matter
Adv.Ambrose Leo
(Expert) 27 August 2018
I am Expert in Labour & Employment and service matter practicing in High Courts of Karnataka & Maharashtra & Goa , Can take the case immediately and appear for you & defend call back if you require.
P. Venu
(Expert) 27 August 2018
What do you mean by "I am still a minor"? Who is the "opposite person"? Anyhow, from the given facts, it appears that the respondent in the OA before the KAT has approached the High Court through a Writ Petition. You need to take steps to defend the matter.
