Can CAT review/reconsider its own order under directions of High Court?
Querist :
Anonymous
(Querist) 13 November 2010
This query is : Resolved
Dear Sir,
I have filed the Petition (O.A) in the CAT which have been allowed.The Respondent has moved to the High Court on the plea of the limitation.
The High Court has restored the O.A that the issue of the limitation will be decided by the CAT and has made it clear that merits need not be decided as the same has already been decided in its order
Against the order of the High Court which has reverted to the CAT, I have filed the SLP which has been registered but will going to be list on next month
The CAT has entertained the order of the High Court and will pass directions
My queries are:
1 Whether the CAT can change/reverse its own order?
2 If the CAT has reversed my order whether I can file the writ petition in the High Court ?
3 If the SLP will be allowed which will be listed in the next month whether there is need to move to the High court if the CAT reverse its own previous order?
4 Normally what in majority of cases such Tribunal would do if the High Court has referred back for reconsideration?(I mean to say whether the previous order prsists or or will reverted. Kindly may answer this query on your personal experience)?
R.Ramachandran
(Expert) 13 November 2010
Dear Anonymous,
(1) The CAT can review the case with reference to limitation. If the matter is barred by limitation then it can hold so.
In which case the OA filed by you would be dismissed as being barred by time.
(2) Yes, if the CAT order goes against you, you can file a writ petition against the same in the High Court. Here the Court will go only into the correctness or otherwise of the CAT in dismissing the case on the point of limitation.
(3) The chances of the SLP getting admitted is very bleak especially in view of the fact that the question of limitation has only been remanded to the CAT by the HC. Yes, if the SLP is admitted, then the CAT cannot review the matter as per the orders of the HC in regard to the question of limitation. If before the SLP could be admitted, the CAT passes an order, then you have to appeal to the High Court.
(4) It is not necessary that just because the HC has remanded the matter to the CAT or any other lower court to consider a particular point (in this case the question of limitation) the lower courts / CAT will reverse its earlier order. The lower courts/CAT may come to the conclusion, of course based on facts and law, that the matter is within limitation. If the matter is within limitation it will be held so, otherwise the OA will be dismissed as being time barred. As simple as that. The lower courts / CAT will not get influenced by the HC which remitted the matter back for fresh examination of a particular point.
(3)
Kirti Kar Tripathi
(Expert) 14 November 2010
agree with Mr. Ramchandran. he has clearly explained the query.
Uma parameswaran
(Expert) 15 November 2010
Already writ petition filed against the CAT oder .Then again how can file Writ petition ?
R.Ramachandran
(Expert) 15 November 2010
Dear Ms. Uma,
Please be clear.
Are you saying that in the above given case WRIT cannot be filed by the petitioner if the CAT reverses its earlier order? If so, please tell the legal reasoning for the same.
Querist :
Anonymous
(Querist) 15 November 2010
R.Ramachandran Sir is right
R.Ramachandran
(Expert) 19 November 2010
Dear Ms. Uma,
You are yet to come back on my query. When you say something in this Forum and some clarification is sought on that point, there is an expectation that you would revert. It is more than 4 days and you are yet to come back. Please clarify.
