Ma filed by the department for extension of time - reg
Vasudevan
(Querist) 23 October 2023
This query is : Resolved
Respected Learned Experts, I had filed an OA before CAT, Chennai Bench against the order of my department relating to payment of gratuity. The CAT Bench, has remitted back the issue to my department to pass a speaking order within a period of 3 months as the earlier order passed was cryptic. The period of 3 months has been completed in the middle of Sep.2023, but no order was passed. Hence I have issued a show cause notice by name to the officers of my department for initiating contempt proceedings. Now, the department is filing a Misc. Application before the CAT Bench for extension of time for a period of 6 months and condone delay petition for delay in filing the time extension petition. How can I defend those Misc. Applications? What is the general rule provisions in the matter? Is there any judgment on turning down the Misc. Application? As I am appearing as Party In Person, I request the Learned Experts kindly to share their valuable knowledge on the issue and oblige. Thank you to all the Learned Experts, in anticipation.
T. Kalaiselvan, Advocate
(Expert) 23 October 2023
You will be given with a copy of the miscellaneous application for which you are required to file your objection/counter.
You can go through the contents of the application and give your reply denying each and every averment made by the applicant and pray to get the application dismissed.
You can rely upon the circumstances under which the applicant was directed by the tribunal to initiate action as per the orders passed and also can highlight the dilatory tactics adopted by the applicant only with an intention to deny you justice.
The objections should be strong enough.
Vasudevan
(Querist) 23 October 2023
Much obliged for the response of Learned Expert Shri T. Kalaiselvan. Thank you very much sir.
Sudhir Kumar, Advocate
(Expert) 24 October 2023
There should h been no need to you give give notice. When the period expired and judgement not complied then you should have filed CP before CAT.
Vasudevan
(Querist) 24 October 2023
Much obliged by the response of Learned Expert Shri Sudhir Kumar. I thought that a show cause notice need to be issued before taking legal action. Now your reply clear the doubt. Once again thank you very much sir.
Dr. J C Vashista
(Expert) 24 October 2023
Instead of show cause notice you should have titled it as "legal notice for contempt of court" and moved to Tribunal as per law.
Vasudevan
(Querist) 24 October 2023
Much obliged by the response of Learned Expert Shri Dr. J C Vashista. I now realize that the term show cause notice is harsh term. Rather it would have been used as "legal notice for contempt of court" as suggested by you. I shall take note of it and use it in future, if needed. Once again thank you very ,much sir for sharing your precious time with me.
T. Kalaiselvan, Advocate
(Expert) 24 October 2023
You are welcome for the appreciations made to the opinions of the experts of this forum
