Shall I file the separate Petition If the respondent serve me the copy of Order?
Querist :
Anonymous
(Querist) 19 December 2010
This query is : Resolved
Sir,
During pendency of Case before CAT,My services has been terminated by employer without serving me the copy of order and under advice of experts , I file the Petition seeking undertaking whether such order has been passed by the employer.The Court(CAT) admitted MY PETITION AND ISSUED NOTICES TO THE RESPONDENT EMPLOYER
I also filed the RTI Application to produce the copy of order and the CPIO is interested in furnishing the copy of order against requisite fee which I have send it
If I got the copy of order whether I file the fresh petition seeking aside the order?
Whether the Hon'ble CAT will not take it against my side as 2 petitions have alaredy been pending before them?
Querist :
Anonymous
(Querist) 19 December 2010
DETAILS OF FIRST CASE
I have been working on adhoc basis in the organization for last 12 years without break and I used to receive the adhoc extension for every 6 months.I haD filed the petition against my employer in CAT for not providing me the regular appointment despite of being placed as waitlisted candidate. The CAT has allowed my application and has given directions to my employer to regularize my services from back date. I send my representation but the employer willfully has default the CAT order and blocked my salary.Then I have to move the contempt Petition before the CAT which has given directions to my employer to appear in person.
My employer get infuriated and filed the writ Petition against the order of CAT on the grounds of Limitation. The High Court has remanded it to the CAT for deciding the issue of Limitation which is pending before it
Raj Kumar Makkad
(Expert) 19 December 2010
As the matter is already pending before CAT to decide so wait for its decision on earlier matters and if decision goes in your favour then illegal orders shall be set aside and you shall get due justice failing which challenge the dismissal order on all available grounds.
