My employer is harassing me(Pl reply urgently)
Querist :
Anonymous
(Querist) 22 September 2010
This query is : Resolved
Dear Experts,
I have been receiving messages from the experts in response to my queries (Anonymously)
I am working in autonomous organisation on adhoc basis for last 12 years and every 6 months I will have to apply for Adhoc extension. An interview for regular posts were held in year 2000 and depite of my name was there in the panel, the employer doesn't regularise my services with his contention that the resulatnt vacancy has been floated into another category. Then I moved before the CAT, which has directed that floating system adopted by the organisation is illegal and directed the respondents(My employer) to regularise my services from the date of accural of vacancy with all consequencies admissible in law with in the period of 3 months.the order was pronounced in month of Feb 2010
I have filed the contempt petition against the employer( chief of Organisation) for non implementation of the order in August 2010 and therafter the employer has withhold my salary with contention that my adhoc tenure has expired.Then filed the separate Miscallenous Application before the CAT, the Hon'ble CAT has given one week time to file the reply of MA and CP.The hearing was took place in this week where the learned counsel of the respondent has admitted that the employer will going to release the salary with in 1-2 days and the employer is not interested in implementing the CAT order as he is intersted in filing the Writ Petition before the High Court. This has infuriated the Hon'ble Judge and given the order to appear personally in the court
Today my employer who is the chief of organisation has called me and pressurised me to write an adhoc application on the back date so that he can implement the order and harassed me through many messangers
When I checked my bank account, the slary still has not been transfeered to my account despite of the statement made by the learned counsel in the court
I have already filed the caveat Application before the High court
Please guide me :
1 Whether the employer version to apply for adhoc extension from back date is legally valid from my side whether he is not playing tricks to implicate me or safeguard for his side to make an appeal before the High Court?
2 The CAT has not given next date for hearing, Whether I should file the separate and fresh CP for giving false statement before the court in regards to releasing of salary?
3 Any other Alternative you will suggest, I will be very grateful to you
Regards
adv. rajeev ( rajoo )
(Expert) 22 September 2010
It is trick by the employer to avoid the contempt of court proceedings initiated by you. You ask for the salary of the back dates. You take a letter from the employer from which date salary has been credited to your bank account.
Raj Kumar Makkad
(Expert) 22 September 2010
1. You should not come under the trick of your employer as he is trying to save his skin through your faults. You dont bent before him as he is bound to release your salary within day or two and he has also to implement the direction of CAT qua your regularisation and full back wages as law has its own force and CAT knows how to get implemented its direction.
2. You first obtain a certificate from your bank to the effect that as on such and such date and time, the salary in your account has not been released from the account of your employer pertaining to the month of August 2010 and then you move a separate application complaining therein the pressure tactics and contempt of court qua deposit of salary as well as implementation of earlier direction. I hope the employer and his counsel shall openly be condemned by court and strict adverse strictures shall be passed against them which you can use in future, if any appeal is filed before HC or elsewhere.
3. Follow the above guidelines.
Devajyoti Barman
(Expert) 22 September 2010
Yes. Even if you apply , you do on the current date and in the present circumstances I do not think that your employer would get any relief from the high court either.
