• Stay order for transfer issued but management not honoring

Respected sir

               I am working in Bharat electronics ltd, one off the central public sector,head office located in Bangalore.here in after called as BEL. BEL is having 9 units spread over Chennai,Hyderabad,Gaziabad,pune,Navimumbai,panchakula,Machilipattanam,Bangaloru and kotwara. I am working in chennai unit. my age is now 59 years.
   On June23 rd 2015,I  have been issued transfer order to Navimumbai with  reliving memo on the same day and movement order to move Night 7.30 pm train. I requested General Manager to kindly consider my 58 years age  and only 2 years left over quoting the INTER UNIT TRANSFER ORDER circular. also told I am only TECHNICAL CADRE not EXECUTIVE. but no response.
          So I filed writ petition in Honorable court of  Madras quoting the above facts. Honorable High court of Chennai issued an order of STAY on 3rd July 2015 for transfer and relieving memo.
i approached management with order and requested  to allow me for work but management not allowed me instead threatened with security.
      In this circumstance, My query 
 1. is the central public sector (BEL) not required to obey the High court order?    
  2. is the central government(Ministry of Defence) not enforce the management?
  3. who is responsible for not honoring the HIgh COurt order? what action could be taken on officers who deliberately doing this?
 4.since I got Stay order I dint join at Navimumbai.Chennai unit not allowing me .Now without salary I am suffering lot What is the remedy to this?
 5. Management filed affidavit telling that my presence is very much essential and urgent but never bother to insist the case and bring for final. what  I have to do?
please suggest 
thanking you
karunakaran
Asked 4 months ago in Labour from Chennai, Tamil Nadu
1) BEL is bound to comply with HC order

2) issue legal notice to MD of the company . enclose copy of order and request them to comply failing which you would take contempt of court proceedings against them 

3)move HC for contempt of court proceedings as management of BEL has willfully and deliberately flouted HC order and also seek arrears of salary 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
as advised issue legal notice to management to pay yuour salary arrears and comply with HC order'

take out contempt of court proceedings against the company and officers who flouted HC order 

also seek arrears of salary

make application for urgent hearing of your case before HC 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. The HC order has to be obeyed by every individual and authority within the territory of India. They are liable to be prosecuted and punished for contempt of court for dishonouring the HC order. So file a contempt petition in the HC against the management. 

2. File a fresh writ petition against the management to release your salary. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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The office management cannot ask you not to enter the office even if there was no stay order agaisnt the decision of management.

You can approach court seeking relief of injunction against the management from stopping your entry into office premises and continuing your work till the disposal of the main writ petition. 

If any employee including the top manager is behaving harshly with you, a criminal complaint may also be lodged against the said individual .
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
1 how can get my salary from 24th june 2015 to till date?

You first issue a legal notice demanding the same and after that you may initiate legal process to recover the arrears of salary.


2. another 12 month left over to retirement/superannuation. how can I get final verdict before my retirement?

No predictions can be made on this, the court only has to be approached with this reason once again.



3.how do i take action those not obeyed Honarable High Court order

You can file a contempt of court petition agaisnt those who do not obey the court order. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0

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