• Partial implementation of the CAT order by department

Tribunal allowed my OA directing the department to conduct inquiry afresh. It quashed all previous orders including the order imposing penalty. However, in the mean time penalty period is over and i got promotion etc even though with loss of pay and seniority during penalty period. Now the dept conducting fresh inquiry but has not paid the pay lost due to the penalty which is now quashed by tribunal. Can i approach tribunal for remedy or need to go to HC?
Asked 7 years ago in Labour

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13 Answers

you can approach the Tribunal for pay ost due to penalty imposed upon you

2) since order imposing penalty has been quashed department has to pay the loss suffered by you

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

1)request the department to comply with Tribunal orders and make payment

2) mention that since penalty has been quashed the department is bound to make payment to you

3) wait for a week then file application in Tribunal and stay of inquiry till Tribunal orders are c complied with

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

request the department to comply with Tribunal orders and make payment

2) mention that since penalty has been quashed the department is bound to make payment to you

3) wait for a week then file application in Tribunal and stay of inquiry till Tribunal orders are c complied with

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

Dear Client,

If all the order were quashed by tribunal, than benefits accrued in the penalty period is payable. File contempt before tribunal.

Yogendra Singh Rajawat
Advocate, Jaipur
22989 Answers
31 Consultations

Hi, the remedy that you are seeking against the department , can be attained by filing a writ in high court

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

Tribunal allowed my OA directing the department to conduct inquiry afresh. It quashed all previous orders including the order imposing penalty. However, in the mean time penalty period is over and i got promotion etc even though with loss of pay and seniority during penalty period. Now the dept conducting fresh inquiry but has not paid the pay lost due to the penalty which is now quashed by tribunal. Can i approach tribunal for remedy or need to go to HC?

File an application in the tribunal to claim the pay lost. In my advise you may consult a local lawyer and ask if the present bench in HC os giving good orders. It will be better if you file a case against the department in the HC for their arbitrary actions.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

thinking that dept will have to pay the dues on its own as per tribunal order i have not asked for it separately in writing. if i write now is there any waiting period only after which i can approach judicial forum for remedy? i am asking this because if i could approach the judicial forum now i may get the inquiry stayed till the payment

Send a representation to the department alongwith the copy of the order, asking them thereupon to comply with the order; and if they do not follow the order then you take action accordingly of moving an application before tribunal or a writ before the HC.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Send a representation to the department alongwith the copy of the order, asking them thereupon to comply with the order; and if they do not follow the order then you take action accordingly of moving an application before tribunal or a writ before the HC.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

File a contempt because the judgement passed by the CAT has not been complied in its letter and spirit by your Dept.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

You will have to move a representation seeking forthwith release of the payment due to you, only then you can file a contempt.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

You can approach tribunal for contempt

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

Since the department has not automatically paid the penalty recovered from you on the basis of the CAT order, you should apply for refund of the amount recovered from you to the management on the basis of order in your favor quashing the order imposing penalty.

After exhausting the remedy from the management/department you can approach the CAT once again seeking direction to the department for granting the said relief.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

thinking that dept will have to pay the dues on its own as per tribunal order i have not asked for it separately in writing. if i write now is there any waiting period only after which i can approach judicial forum for remedy? i am asking this because if i could approach the judicial forum now i may get the inquiry stayed till the payment.

You cannot approach the judicial forum directly without exhausting the remedy available before you.

Therefore you make a representation to the department at once seeking the relief of refund of the amount recovered from you, on their denial, you may approach the proposed judicial forum for releif and remedy.

The current enquiry is not related to the penalty that has already been quashed by an order of CAT.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

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