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Sanjeet Kumar   02 May 2015 at 16:28

Validity and implementation of interim order of stay; maintainability of contempt petition

Brief Facts of the Case:
i) M/s Company X is a Public Sector Unit with Nine Production Units. In addition, Company X has established two Laboratories Y for R&D purpose. The executives of Y constitutes a Separate Cadre and are governed by separate Service Rules. In Short, the Service Rules for executives of X and executives of Y are substantially different. In fact, the service benefits of executives of Y are much superior to the service benefits of executives of X.
ii) In October 2010, I was appointed as Member (Research Staff) and was posted to Y. Subsequently, in January 2014, I was transferred from the post of Member (Research Staff), Pay Scale 16,400 – 50,500, in Y to the post of Deputy Engineer, Pay Scale 16,400 – 40,500, in Production Unit of X. In this way my Cadre and Service Rules was changed by means of Transfer. I was transferred and relieved within a day without any exigency. Since I was relieved within a day, in the interest of discipline I had complied with the transfer order and joined duty as a Deputy Engineer.
iii) Having my service condition altered substantially, I challenged the validity of Transfer Order through a Writ Petition before the Hon’ble High Court in May 2014. In October 2014, Hon’ble Court had issued Rule/admitted WP.
iv) Subsequently, I moved Interlocutory Application for Interim Order of Stay of the transfer order. In that IA, I had prayed for grant of interim order of stay of the transfer order and permission to rejoin duty as a Member (Research Staff) in Y. This was what the final relief sought.
v) In December 2014, Hon’ble Court was pleased to allow the IA and had granted the interim order of Stay of the transfer order with observation that “the transfer order is illegal, ex-facie and thus calls for interference”. That means, the Hon’ble Court had granted the interim relief which tantamount to the final relief.
vi) Subsequently, I sent four representations to the CMD and requested to comply with the Interim Order. The Company has not responded for any of my representations.
vii) Having no other option, I filed Contempt Petition (Civil) in March 2015. Hon’ble Court has ordered notice.
viii) After filing the Contempt Petition, I came to know that on in January 2015, the company filed the Writ Appeal and has also moved IA for Stay of Interim Oder. But Company has never requested for hearing of IA and so the Appeal has not been posted for hearing even once. That means, company has not taken Stay of Interim Order.

Queries:
1) As mentioned above, I was transferred and relieved within a day, so I had complied with the transfer order in the interest of discipline. Having complied with the transfer order and then filed WP and got interim order of Stay of transfer order, what is the legal validity and effect of Interim Order of Stay of transfer order?
2) In my IA for Stay, I had only prayer that Interim Order of Stay of transfer order to be granted and I shall be permitted to join duty as Member (Research Staff) in Y. The Hon’ble Court has fully allowed the IA and ordered the Interim Order of Stay of Transfer Order but has not specifically mentioned that I shall be permitted to join duty as Member (Research Staff) in Y. Since the IA has been fully allowed, does the Interim Order mean that I shall be permitted to join duty as Member (Research Staff) in Y?
3) Since the company has filed Appeal but has not taken Stay of the Interim Order, what is the legal validity and effect of the Contempt Petition?
4) The Company has filed the Appeal but has not requested for hearing even once. The company has not communicated the same to me even after submitting four requests to comply with the Interim order. That means the company has been simply waiting for the contempt petition to be moved. In this background, what is the propriety or legal validity of the Appeal?

Kindly reply to all of the queries pointwise. I also request you to kindly provide the reference of Supreme Court decisions or any other established law in support of your answer. I will be thankful to you.

arjun shukla   30 April 2015 at 22:18

Reservation

if there are 4 seats for P.Hd. admission in any department of any central university in Uttar Pradesh, what will be number of reserved seats? what will be availability of seats for each category?

amiths   30 April 2015 at 16:53

Obc-ncl certificate

How can i get OBC-NCL certificate? as i have apply dor IIT. Can you please give the procedure?
i am from karnataka

shrimati   29 April 2015 at 12:48

Post md/ms rural service bond

sir,
if a student seek MD from a med college but doesnt seek stipend from that institute, eg working in another Govt. hospital, and pursuing higher education during " education leave" , will the bond still be applicable? i mean, the Govt hospital will be paying me the usual salary during my study leave.

Prashant   29 April 2015 at 10:49

I am 3rd year law student

Hi,
I am third year law student.
I have no internship or papers published.I know it sounds bad.
If anyone can help me know that how can I apply for internship with an Advocate ?

Also,can I attend college and internship at the same time i.e to assist the Advocate after colleege hours ?

chinnaa b.com   23 April 2015 at 22:17

Law of crime

a). Difference between sec.299 and sec. 300

taniamalik   22 April 2015 at 23:21

Dual degree

Hi ,I wish to pursue two degrees(M.A English and B.ed via distance learning mode simultaneously,but from different universities.Would these two degrees be legally acceptable?

D.Karmakar   22 April 2015 at 10:43

Obc-ncl certificate in the format of central funded institutes

Sir, This year my only Daughter appeared in Various Engineering Entrance Exams.We live in JAMSHEDPUR(JHARKHAND) and We genuinely belong to 'KARMAKAR' cast(Blacksmith)and fall in the OBC list of CENTRAL.
My Annual Income is 4.75 lakh(issued in my name)which is well below 6 lakhs. and Cast certificate of BC-1 issued in my Daughter's name from jamshedpr . But I need OBC-NCL certificate for higher education in the FORMAT of CENTRAL GOV(i,e EC 2 Format).
Due to non-existence of DOMICILE Policy by the State, issue of OBC-NCL is strictly restricted to the candidates not having 'KHATIYAN'.
As OBC-NCL in the prescribed format is must for Admission in NITs,IITs,and CFTIs.
Being an OBC-NCL candidate my Daughter will loose opportunity in getting Admission in Prestigious Engg Institutes under Reserved Quota.
So please suggest what should I do for my Daughter's career.Is there any alternative which is acceptable to "Centrally Funded Institutes" of Govt ?

megha   21 April 2015 at 15:06

Moot case

The Case...
Ms Roma V. Oriental Television Inc
Dotted with a plethora of small hills covered by thick forests, the district of Phoolwadi attracts tourists from distant places. It provides thrilling scenic beauty and being away from the bustle of modern life, is ideal for holidaying. Small lodges and motels have come up; though restful and comfortable, they are very isolated. Some of these dwellings are deep inside the thick forests. The location and the resulting influx of tourists regularly to Phoolwadi have come as a boon to the professional dacoit Kalikaran. The tourists are easy targets for his typical and daring operations. Kalikarna shot into the lime light when he held Ms Roma, who was recently decorated with the 'Charming Bride India' title at a national beauty contest, captive in suite no. 3 of Triveni Cottages. He was holded up in the cottage along with the hostage. The high drama ended in an operation by the National Commandos at the end of seven days which led to the arrest of Kalikaran. One of the Commandos, who was shot at by Kalikaran, succumbed to his injuries. Kalikaran was convicted and sentenced to death. The death sentence was confirmed by Higher Courts and his mercy petition was rejected.
Being alone in the prison and awaiting death, Kalikarana recounted the 'hostage drama'. He wrote a book giving a detailed account of those seven days, Kalikaran also disclosed how Miss. Roma, during the period of captivity, was drawn towards him and developed a 'fatal attraction'.
A leading television channel, Oriental Television Inc. (OTV) approached Kalikaran for his consent to shoot a serial based on the book. Kalikaran agreed to the request and accordingly after his execution, a popular serial titled "The Bride and the Beast" was shot with look alikes. The serial became a hit particularly among the teenagers.
Aggrieved by the public disclosure, Miss Roma filed a suit against OTV claiming compensation and damages.
Require defence points in favour of defendent. Also what sections are applicable in thi case. please do help.

divyasaxsena   20 April 2015 at 07:22

Two degrees at the same time

Sir/Madam,
I am a houesewife.I was out of touch with studies for long but some monthes ago I decided to pursue my studies further.I have complted B.ED and M.A in History in 2010-2011.I did B.ED in regular mode with 1 year duration(2010-2011) and MA History in correspondence from Annamalai University in the year 2009-2011,2 years period.some say its dual degrees and they are not valid.But recently I came across one judgement NASRIN VS STATE OF TAMILNADU.(details attached)
http://indiankanoon.org/doc/173997280/
In view of this judgement,can my degrees be considered valid and legal as I have two years of degree in M.A History?I have apperared for the interview recently for central govt and waiting for the result; but not sure if candidature will be accpted due to dual degree.In case its not accepted,can I approach the court?
Please guide me.
Thanks in Advance
Regards,
Divya.