Whether order on merits can be implemented?
Querist :
Anonymous
(Querist) 13 April 2011
This query is : Resolved
Dear Sir,
Kindly inform on the following case
The Petitioner on adhoc basis has been claiming Regular appointment from year 2001 before CAT. The CAT in Feb 2010 has allowed his Application and gave direction to appoint him on regular basis but was not been implemented. The Petitioner filed the Contempt Petition against the employer. The Employer move to the High Court which on remand has issued directions to decide on the plea of Limitation
The High Court has specifically stated that if the issue of Limitation is decided against the employer the issue of merits need not to be decided as the same has already been decided by the CAT in its previous order
But this time cat decided against the Petitioner without deciding the merits
My questions before the Hon'ble experts members are as the merits of the case has already been decided on previous order dated Feb 2010 whether the petitioner can enforec the order on its merits by way of filing contempt petition or opening of Contempt Petition
Whether the employer or the petitioner have to file the writ Petition for quashing or implementation of the previous order on its merits? if yes whom have to file
waiting for your reply at earliest
Thanking you in advance
Raj Kumar Makkad
(Expert) 14 April 2011
The merits of the case have not been disturbed either by High Court or CAT and only a limited undecided question of earlier petition qua limitation got unresolved which has gone against petitioner so petition goes and no execution can be filed as all cases are to be read in its entirety and no pick and chose is allowed.
Now employee/petitioner has only one remedy viz. to file appeal against the verdict of CAT before HC praying to maintain finding qua merits and reversing the finding of limitation.
