• Implementation of Hon ble CAT Orders

I moved OA in.r.o regarding eligibility list of DPC 2019 ( ineligible persons was included in the list and even placed above me )and Hon ble CAT delivered judgment in my favor OA was allowed removing ineligible persons for DPC 2019 in MARCH 2019. Even after 5 MONTHS DPC was not conducted I MOVED A CONTEMPT in CAT. When notice was issued official side and pvt respondents moved to HC with WRIT Petitions. when Contempt hearing started official side presented that they moved HC with Upon this CAT stopped the contempt proceedings. 
However HC refused to STAY the judgement of CAT and on the 3RD DAY of hearing HC in their D.O dated 10/12/2019 stated " we heard the counsels of both sides in length . we dont find any merit to pass any interim order. rather we will keep it for final disposal on 17/12/2019."after 17/12/2019 the case was listed on many occasions but the case was not reaching before the rising of the bench and due to covid-19 now coust is listing only urgent matters . how do i get cat orders implemented and DPC 2019 conducted.
Asked 5 years ago in Labour

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22 Answers

Follow contempt. NO stay from HC, CAT order is effective and not complying the order is continuous contempt. You proceed with contempt.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

What is the need to proceed in HC. you have order in your favor. Follow contempt before CAT. No role of SC. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

On account t of lock down only urgent cases are being heard 

 

wait for case to be listed 

since case is for final hearing there is no urgency on your case 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

SC would not intervene during pendency of cases before HC

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Challenged the hold order in HC. No provision in law to hold contempt if appeal filed unless stay granted in appeal.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You need to first move to HC as a matter of practice under writ. Later you can go for SLP if aggrieved in HC

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Since case is sub judice CAT will wait for disposal of case by HC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Since the matter is pending  at high court, the CAT may not proceed on the contempt petition also.

Moreover as the matter stand disposed by the CAT, even the CAT may not take up this case again since it is not an urgent matter to be disposed.

Your bad luck is that you may have to wait until the matter is disposed by high court because you have not approached high court for relief.

However if the department concerned is initiating any further action against your interests, you can file an emergent petition before high court seeking stay of the same owing to the pendency of the related case before high court.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

As the matter is pending before high court in an appeal you cannot move supreme court on it.

The situation is a national crisis, hence the courts across the length and breadth of the country are under the same pressure, moreover the status is same for all, nobody can claim to be affected , because no one is benefited by the situation now. 

Therefore it is unavoidable situation so please wait until the courts return to normalcy.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

CAT will not entertain contempt petition since the aggrieved party has approached high court with a appeal.

The stay is an interim relief, however since there is a pending appeal before high court on the matter, the question of contempt do not arise.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Since the interim prayer for Stay has been specifically rejected by the court there is no impediment for CAT to proceed with the contempt proceeding.

However in most cases if the matter is ripe for hearing beofre the high court the Tribunal is slow to proceed with the contempt in which eventually i regret your option is to mention the matter in high court for urgent listing for hearing.

Ask your advocate to become more proactive. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

- Since, the High Court refused to stay the judgement of CAT , which was in your favour , hence further not implementation by the opposite party is also against the High court order /direction as well , and  it also amounts to  contempt as well. 

- However, as the the said matter is before the High court for final disposal , hence you cannot file your contempt petition here .

- Further , as the High court has  refused to stay the judgement , it means there is no direction to stop the proceeding of contempt pending before the CAT .

- You should move an application for urgent hearing before the CAT after enclosing the certified copy of the High Court order , to heard the contempt petition . 

- If CAT refused to heard the contempt petition on urgent bases after rejecting your said application , then you can also approach the High Court separately for the same. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Due to Pandemic and Lock Down the courts are not functioning fully, but only urgent matters viz., Bails / Injunctions are being heard through video conferencing.

As your case is posted for "Final Disposal", there is no urgency in your case, as such, it could be taken up once the courts start functioning with fully capacity.

You need to wait till then.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Response to your second post:

As stated above, since there is no urgency in your matter, you need to wait till courts start functioning fully.

No, Supreme Court will not entertain application for speedy hearing, more particularly due to Lock Down and directions to take up only urgent matters.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

When the matter is sub judice before appropriate tribunal, you need to wait for out come of the High Court.

If you win before both the fora, you will get benefit with arrears, as such, you need not worry.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Since no stay order by high court file an execution applicafion in CAT.

See what happen.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

The HC hasn't granted any stay in the matter but as it is still pending you may file an urgency application as has become the norm in courts due to the current situation and ask the court to decide the matter.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes the petitioners will not want that the matter should be disposed. You should move an application.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If there is no stay the orders of CAT should be implemented but the CAT does not proceed till the case in the HC is pending.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You have to wait for the lockdown to be withdrawn completely and regular functioning of the High Court to resume so that the Writ Petition may be heard. Presently only urgent cases are being heard and this will not be treated as an urgent case.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. There is no remedy presently before the SC as SC is also hearing urgent cases only.

2. Get the case listed in the HC once the regular functioning resumes.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. You have to wait for next hearing as chances for winning the case are in your favour.

2. You should file execution petition in CAT after disposal of writ petition in your favour. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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