Raj D 15 November 2023

Petition to get a pronounced order reviewed in cat tribunal

Dear learned members

We (the petitioner) had an ongoing case in CAT tribunal. The decision was pronounced on 7th November and the order was in our favour, asking the respondents to consider appointment from back date.

1. However, the order does not specify any time limit for the respondents to comply with the order.

2. Also, the order did not provide us relief on litigation costs incurred, (this was a specific relief sought in the petition)

3. We had also requested a monetary compensation for stress and also ensure that the decision creates a deterrance to discourage future offences of similar nature. (this was a specific relief sought in the petition)

I would appreciate if you can provide me following information:

1. How best can I request the tribunal to relook at the order and include a timeline for compliance. Will that need a repeat hearing of the case?

2. Can we also request the tribunal in the same application to review the decision regarding cost and compensation?

Any further guidance would be much appreciated. Thanks in advance.

regards

Rajesh

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8 Replies

T. Kalaiselvan, Advocate (Advocate) 15 November 2023

If you are aggrieved by the order of the AT then you prefer an appeal before high court and get your grievances redressed.

Raj D 15 November 2023

The order of the CAT is in our favour. Only problem is that it does not mention timeline for complaince.

Is review petition an option, and will it need fresh hearing? Thanks.

P. Venu (Advocate) 18 November 2023

In case no time limit is specified, the respondent department is required to comply with the same within a periof of three months. You can initiate contempt proceedings, if the respondent avoids compliance.

Raj D 19 November 2023

Thankyou. We will do as advised. Thanks again.

T. Kalaiselvan, Advocate (Advocate) 20 November 2023

It seems you are aggrieved by the orders of the Administrative tribunal on more than one count, hence you combine all your grievances that have been caused by the CAT and prefer a writ appeal against the orders of the CAT, before high court and get them redressed.

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Dr. J C Vashista (Advocate ) 20 November 2023

I cocur the advise of expert Mr. P Venu, when no time is specified by CAT and you are satisfied with its order, move contempt petition in CAT through your lawyer after 3 months of receipt of the order by department.

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Raj D 23 November 2023

Thankyou.