Termination stayed
Querist :
Anonymous
(Querist) 07 December 2010
This query is : Resolved
Dear Sir,
I am working on adhoc basis in Organisation.Recently during the proceedings of case for selection process, the employer has terminated my service without serving me the copy of order.
Thereafter, I move to CAT
The CAT has stayed the termination and issued notices to the Respondent employer
Whether I should approach the employer that his verbal order of termination has been stayed and he should allow me to join duty or he will have to inform me by proper correspondence?
If he does not allow me to join duty whether the Contempt petition against him will be maintainable under the law?
Regards
Sathyan A.R.
(Expert) 07 December 2010
CAT has only stayed and did not squash the order hence you cannot join . The question of status quo does not arise. You have to move the CAT for direction
R.Ramachandran
(Expert) 07 December 2010
When the termination has been stayed, you can join duty. If the Authority does not permit you to join duty, then you have to move miscellaneous application before the CAT seeking orders to permit you to join duty pending disposal of the case. PLEASE DO NOT TRY TO BE OVER SMART AND GO IN FOR ANY CONTEMPT PETITION - IT MAY BACKFIRE ON YOU.
Kirti Kar Tripathi
(Expert) 07 December 2010
i agree with Mr, Ramchandran, you make application for joining along with copy of the order, in case, you are not allowed to join, you can file contempt petition.
Devajyoti Barman
(Expert) 07 December 2010
Mere order of stay of terminaton letter would not entitle you to to rejoin the service, if the order of stay is interim in nature. Only sfter the final order iin your favour you would be reinstated in yopur job.
Kirti Kar Tripathi
(Expert) 07 December 2010
i do not agree with Mr. Burman. Stay against termination, whether it is interim or final is a command of court to a party refraining him from executing his action i.e. termination in the present case, against which the aggrieved party has approached the Court. Thus the party has acquired a right to resume his duties and not allowing him to join will amounts to contempt of Court/s order.
s.subramanian
(Expert) 08 December 2010
The order of stay of termination itself is unsustainable. When termination is challenged as illegal,the court cannot pass such an order at all which will amount to granting the final relief in the main case. No such interim order can be passed by the court. By passing such an untenable order the CAT has created a confusion. Once you have been terminated ,the subsequent order of stay is infructuous. You cannot claim reinstatement on the basis of such a vague and infructuous order. You have no other option but to wait for the final result in the main case.
Advocate. Arunagiri
(Expert) 08 December 2010
I agree with Mr.Subramanian.
After the termination, stay can not be granted. You can not rejoin based on this order. It is a non executable order.
R.Ramachandran
(Expert) 08 December 2010
If the order is stayed, the order is ineffective. If the order is ineffective, the person otherwise affected by the said order will not be affected by the order. In other words, such an order which has been stayed has no effect on the person concerned. As such the person can rejoin duty. However, if the Authority feels that there is confusion, it may refuse permission for rejoining. That is why I suggested that in such a scenario, the person concerned can approach the CAT by a Misc. Application and obtain clear orders.
Kirti Kar Tripathi
(Expert) 08 December 2010
once order is passed, it has to be obeyed. in case any party is aggrieved, it can challenged the same. unless the order is not quashed or modify by the court itself or higher court is binding upon the parties.
Uma parameswaran
(Expert) 08 December 2010
It is like half boiled. have to wait till disposal to rejoin the duty.
