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josephmartin (engineer)     22 June 2011

Please advice me what are the leagal options available after

Please advice me what are the leagal options available after an SLP is dismissed in SC on 14-01-2011 and the filing of a contempt petotion by the other party,.In our case, CAT given a favourable verdict for employees, but government filed the appeal in high court , the high court dismissed the plea of the government, Again government went to SC with SLP and SLP got dismmissed on Jan.14,2011, and we the employees filed contempt petotion and court issued notice to government and next hearing is on july 19.2011, Please adivice , that in this situation what the government can do?I.  Is it possible for the government to file  a second review  SLP in  Supreme Court or  in High court/ CAT ??And if at all the government files the SLP how ot will affect the contempt proceedings that already started in CAT? Please advice me 



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 2 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     22 June 2011

Dear Querist,

 

CAT order would prevail and remain to be final and operative since Government has lost not one but twice before Writ Petition in High Court and SLP in Supreme Court. Since Supreme Court has issued notice in Contempt Petition (CP) for non-complaince of Order by Government department, fate of CP may be that Government would be asked to comply immediately and/or in a time boud basis since government would certainly ask for time to comply. There is no provisions for second review of Order on SLP in  Supreme Court under Supreme COurt Rules or Constitution of India. At least not until your CP is decided by SC.

 

Your query is confusing as to how again SLP? against which Order of HC/CAT/......?

 

Please provide facts to advise you issue-based.

 

Trust this would suffice.

 

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi


 

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josephmartin (engineer)     22 June 2011

Thank you very much sir for your kindeness to reply to me. In our case contempt petition is filed in CAT delhi and number  number is CP 494/2011.In this case SLP No. 19/2011 filed by Govt. in the Hon'ble Supreme Court on 7.12.2010 against Delhi High Court verdict  in W.P.(C) NO.2095/2007( judgement Judgment Reserved On: 11 August, 2010 and Judgment Delivered On: 07 September, 2010 ) has been dismissed on 14.01.2011.


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