Kannan 19 March 2018

Can we file contempt of the court?

My retirement benefits have been retained by my employer. (Cooperative).I filed a writ petition in the high court and the court disposed my writ petition by giving some directions ... The judgement reads" On receipt of the review petition from the petitioner the respondents have to consider the same on merits and in accordance with law within a period of twelve weeks there after. Accordingly the writ petition stands disposed of. Consequently connected miscellaneous petition is also dismissed. However there is no order as to costs"" Now the time is over and I am suffering a lot. No actions from my employer side. 1)Can I file a contempt of the court now? 2)Is there any chances where the employer can say it is on processing. 3)will the court orders my employer to sort out the case soon? 4?Is the direction on the judgement orders the employer to sort out the case or to take the case within a time period? Please help me.

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R.Ramachandran (Advocate) 19 March 2018

First please write a letter to your employer and request them to convey their decision as the time of 12 weeks granted by the Hon'ble Court has already expired.

Wait for 3 more weeks after sending your letter by Registered Post.

If nothing is heard after 3 weeks of sending your letter, then please approch the lawyer and file a contempt petition.

Please note, the Court has not given any decision so far - either in your favour or against the employer. It has only asked your employer to consider your case on merit in accordance with law. After such consideration, your employer may release your retirement benefits or deny the same to you. But, they will pass detailed order.

If the order passed by the employer is not in your favour, then you have to again approach the Court.

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Kannan 19 March 2018

Thank you so much for your time and reply sir... But I have given the requisition letter to my employer by post and by seeing him in person twice after the given time period. But no actions from their side... I really don't know what to do?.