termination during stay by HC

if stay is operating in ur favour then in case of any violation u can move for contempt of court proceedings before the High Court.

Dear P.ESAKKIMUTHU

It is evident that the enquiry held by the contractor is independent of the case before the court, in my opinion there is no illegality, however it has to be seen whether the charges in the enquiry and the case before the court are same, if they are same then it vitiates the proceedings.

 As stated by me ,the Govt,of India refused to refer the dispute of regularisation of contract labour by  the Principal Emplyer. The Union challenged the same in the HC.The HC admitting the writ granted stay to terminate the contract labourers by the Contractor as well by the Principal Employer.Thus the charges  for termination is different from the  issue involved in the writ petition.Pl.advise-Esakkimuthu

 thank you very much -Esakkimuthu

There should not be any confusion between issue of regularisation  and disciplinary action. both are distinct. prima facie there is no violation of stay order.

disciplinary action can be challenged in an independent proceeding .

Dear All

In such cases Stay would refer to preservation of status quo.

Rgds

V.Sounder Rajan

VS Rajan Associates

Chennai

There is no violation of the stay order. Termination and disciplinary action are two seperate things. Termination may not always be triggered by a disciplinary action.

Regards

Amardeep