Salary not disbursed despite of CAT order

Querist : Anonymous (Querist) 15 December 2010 This query is : Resolved
I am the legal counsel of my brother who has been working in Autonomous Govt Office on adhoc basis. I have filed the petition in the CAT in year 2009 in regards to non appointing on regular basis against the vacancy which was created. The CAT has allowed the petition and has given direction to consider his appointment on regular basis with in 3 months

The adhoc tenure of my brother expired on June 2010

But his employer didnot complied the order and has also with held the salary since July 2010 as result I have to file the contempt petition and the counsel of his employer submitted that salary will be disbursed to the Applicant (My brother) with in 2 days and will move to the High Court against the order for regularisation

This infuriated the CAT and has given direction to comply their order or else chairman(Employer) will have to be present before them

The High Court has remanded back to CAT for reconsideration as result the CAT has to close down the Contempt petition and now the matter is still pending there

I also appeal against the order of High Court before Supreme Court of India by the way of SLP(Civil) with interim relief of releasing the salary. The Supreme Court find no merits in the appeal and has advised to made representation before the CAT

The employer in ter alias has terminated the services of my brother in Nov 2010 on the basis of verbal directions. I agin filed the fresh petition in the CAT which was admitted and issued notices to the respondent employer and next date of hearing in Feb 2010

Now the issue of releasing the salary has gone into deadlock as 2 petitions has already been pending before CAT

Is there any alternative remedy for providing him the interim relief atleast of releasing the salary which he has worked there from July 2010 to November 2010 and the employer has given submission that salary will be disbursed with in 2 days which is also on records of CAT order

as I can only filed the petition at his interest any suggestion in regards to this will be fruitful?

Follow Query

Report Abuse

Kirti Kar Tripathi (Expert) 15 December 2010
in case, the institution falls with the ambit of industry and your brother is workman, yoy can initiate recovery proceedings on the basis of CAT order under Section 33-C(1) of the I.D.Act.

Querist : Anonymous (Querist) 15 December 2010
No, he is class 2 employee

Kirti Kar Tripathi (Expert) 15 December 2010
then only remedy to file application in existing petition before CAT.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries