Regarding interim order
Pavan kumar
(Querist) 18 September 2016
This query is : Resolved
Respected sir
i was terminated four months ago from services Postal assistant but now i have got interim order at CAT banglore bench on court dtd 01-09-2016 but till today i have not got any orders from department to join,as i have requested through them letter, department told me to wait for their orders they havent received the order copy from their legal cell,
so what should i do ?
will my service will be counted from the court interim order date ?
please reply me
thank you sir
Raj Kumar Makkad
(Expert) 18 September 2016
Your service shall remain continued in consequence of the order of CAT but wait for some more days.
Devajyoti Barman
(Expert) 18 September 2016
File contempt petition in CAT to implement the order.
Pavan kumar
(Querist) 18 September 2016
Sir what is contempt petition ?
Devajyoti Barman
(Expert) 18 September 2016
Inform the order of the CAT. If your employer does not act as per direction of the CAT then file petition in CAT to initial contempt proceeding in CAT for not complying with its order.
Guest
(Expert) 18 September 2016
In the absence of any specific CAT order, the joining back date will be relevant for start of your service.
Regularisation of period of interval between the date of termination and joining back will depend upon final judgment in the case.
Guest
(Expert) 18 September 2016
No contempt is justified, if the CAT has not given any specific date in the Interim order for issue of reinstatement order by the employer.
Rajendra K Goyal
(Expert) 19 September 2016
You should submit joining letter / request along with copy of CAT orders and if department is not allowing joining file contempt.
Kumar Doab
(Expert) 19 September 2016
Obtain certified copy of the Interim Order and submit joining report along with it and request to supply next directions.
Your own counsel must have opined that contempt against non compliance of interim orders can be filed!
The court of law and employee has nothing to do with legal cell of the establishment.
It is hollow excuse.
Kumar Doab
(Expert) 27 September 2016
The time allowed to employer can not be 'Eternal' or 'Infinite'.
It should not be even deemed as 'Eternal' or 'Infinite'.
It may rather be mocking the court.
Guest
(Expert) 27 September 2016
Dear Kumar,
It may be your personal thinking, but not for the concerned department in the absence of specific date for execution of the order in the court judgment.
Any subordinate appointing authority cannot take risk of issuing order immediately after receipt of any court order without scrutiny by the legal department/ Ministry of Law and to become liable for disciplinary authority. In Government of India Departments, as per the laid down process, by routing through the heirarchy of authorities before isue of reinstatement order, the concerned subordinate appoiinting authority has to take legal advice from the Ministry of Law, whether the case is worth making appeal or not.
Pavan kumar
(Querist) 27 September 2016
Thank you all for ur valuable reply.. still I am waiting for joining still no order issued by department..
Kumar Doab
(Expert) 27 September 2016
Dear Dhingra ji,
Time and again I have posted that I shall not be commenting on any opinion of any expert.
I shall refrain from commenting that it is your individual thinking.
It is certainly not individual thinking::: Mine , or yours or Legal cell or Lawyer or law firm or anyone else that matters.
The author has not mentioned about Ministry of law.
If there is a protocol indeed, then
it can not be out time frame :: reasonableness:: and/or be 'Eternal' or 'Infinite'.
No one can be permitted to create chaos in the name of: this and that.
If say; even Ministry of Law, is involved, would you support that it can take unreasonable time::: Or that is 'Eternal' or 'Infinite'.
My stance is Pro employee and confined to that it can not be 'Eternal' or 'Infinite'.
Once again I would like to reiterate that I am not inclined to discuss::: label of 'Individual Opinions.'
Rajendra K Goyal
(Expert) 28 September 2016
Author,
You are welcome.
You can proceed as guided by the experts.
Guest
(Expert) 28 September 2016
Dear Shri Kumar,
About your observation, "No one can be permitted to create chaos in the name of: this and that," what specific solution would you like to ptovide to the querist?
Further, about your observation, "The author has not mentioned about Ministry of law," being a layman, can we expect the querist to know the process in Government departments about statutory provisions and the formality of legal advice from the Ministry of Law.
I simply discussed the process that takes place within the departments and the Ministry of Law, before issue of orders on any court judgment. In my views, before responding to any query, we have to take in to account the circumstances in totality leading to the problem.
If you don't mind, except your views, I don't think any workable solution was there in any of your posts for the author to enable him join his post at his own. For example, in your first post, you suggested "Obtain certified copy of the Interim Order and submit joining report along with it and request to supply next directions." Obtaining a copy for supply or seeking of direction can be understood, but submission of his joining report will be irrelevant without issue of any express authority, either from the court or the appointing authority.
Joining report of the employee necessarily contains the date of joining. Naturally, the court order would not have contained any specific order for the author to join his post on so & so (specific) date. So, to join back his post, he needs reinstatement order issued by the competent authority, whereas the competent authority is not obliged to issue the reinstatement order spontaneously even after receiving copy of the court order without weighing pros & cons of the court order and without seeking legal advice from the competent legal authority.
Your further observation, "The court of law and employee has nothing to do with legal cell of the establishment," can also be discussed with the context of the court of law. If the executive is expected to honour the orders of the court, the courts are also expected to honour the statutory rules framed under the statutes. So far as employee is concerned, has has necessarily to abide by the provisions of the statutory rules and cannot claim any immunity from their application.
Anyway, it may be your pleasure, how you perceive things!
Raj Kumar Makkad
(Expert) 28 September 2016
We all including me are required to review our style of functioning and quality of replies.
