Government employee on day of hearing considered as leave or on duty

The government employee has filed the case in his individual capacity and not that he has been summoned to the court in his official capacity, hence his appearance before court on the date of hearing is in his personal interests, therefore it would be pertinent that he has to apply for leave from his department concerned.

On leave.                  

He has to apply  in his office to get leave for court date.

Why doubt?  You are not attending the court on behalf of the department.  It is your personal matter and you shall go on leave.

Originally posted by : T. Kalaiselvan, Advocate
	The government employee has filed the case in his individual capacity and not that he has been summoned to the court in his official capacity, hence his appearance before court on the date of hearing is in his personal interests, therefore it would be pertinent that he has to apply for leave from his department concerned.

It is not personal matter of government employee, it was service matter where employee felt that court case should be file in CAT.

Attendance before a Court for your personal case is not (NOT) on duty.

If it is not a personal matter of the employee, but a matter concerning several employees or all employees, then also the employee has to apply for leave as available to him.

Originally posted by : Kuldeep Singh
	Originally posted by : T. Kalaiselvan, Advocate The government employee has filed the case in his individual capacity and not that he has been summoned to the court in his official capacity, hence his appearance before court on the date of hearing is in his personal interests, therefore it would be pertinent that he has to apply for leave from his department concerned. It is not personal matter of government employee, it was service matter where employee felt that court case should be file in CAT.

You have told what is law. Rest is your interpretation.

In above scenario, If government employee win case against employer in CAT, is there any way to recover/claim money spent on my advocate ?

You have filed a case against the government before the CAT, if the relief is granted the court will pass orders  towards the cost also and it is not automatic.

You were agrieved by certain acts of the department hence you approached court seeking the relief through court therefore you only have to bear the advocate's fee and not the government, the court, if feels justified may pass orders towards the lotigation cost to be paid to you, but it will be a rare case because the cost would be against the government and not against any individual. 

You have to take leave as available to you. You have also to bear all costs. If you are fighting the case on behalf of several employees and if the employees have a union, you can ask the union to bear the costs. They may or may not. I do not know whether tribunals order costs like other courts.

Originally posted by : Kuldeep Singh
	In above scenario, If government employee win case against employer in CAT, is there any way to recover/claim money spent on my advocate ?

Only if the CAT directs payment of cost of litigation.