autonomous body service matter

[Sunanda Jayasankar]

Sir,
I am an working women. An autonomous body under the Ministry of civil Aviation employed me as Telephone Operator against an approved post after an advt for temp post after due selection process like interview,etc in the year 1998. Initially I was paid daily wage for few years subsequently w.e.f 2008 I was provided appointment letter stating that my appointment is on contractual basis for a period of six month and my service remain extended since then by giving letters for extension of my service after every six month. In total I put in almost 17 years service. In spite of having approved post & pay-scale in Group ‘c’, I was paid just Rs 10000 per month. As it was my necessity for my family, I managed with it and continued my service. All of a sudden in the month of Dec on 26th I was served a letter that my service is not required after 31 Dec 16, incidently the last six month term of contractual extension was also coming to end by 31st Dec.

Though there is clause in the appointment that both the party required to give two months notice before terminating the service. Through out my service, there was not even a single complaint on my service and two month notice was also not given to me. There were continued deduction of PF, etc on my pay for the past ten years. (My husband, is also an employee in this Autonomous body, who reportedly having some mis-understanding with the Management, which I suspect to be the reason for my abrupt termination). There are several other similarly placed employees, whose services are still continued by employer. On my written request asking reasons for my sudden termination, my employer was not responding. Having left with no other option, I filed a case in the High Court i.e. the place where the employees were representing their service matter for the past 30 years. I paid the payment as agreed with the lawyer. The writ was also filed. Immediate interim relief not given, perhaps the opposite lawer informed that the service of Telephone Operator is no more required by the organisation. Judiciary on their wisdom gave 3 weeks time to opposite party to file response. Almost, two months, opposite party is not filing the response. Unofficial input, what I got is that my employer will prolong for some time and will submit to High Court stating that the Jurisdiction of autonomous body is CAT and not High Court. Whereas, in 30 years, never ever they informed court or employees of this CAT jurisdiction. Under such circumstances, My request is for following clarification sir :-

1) Whether the 2 months notice period is applicable in my case or not. It was perhaps not applied by them for the reason that my contractual term is coming to an end just after 4 days when the letter was delivered indication their unwillingness to extend my contractual period.

2) When the employees were approaching High Court for 30 years, neither the Court nor the Management informed of CAT jurisdiction. While it is the fact that Govt Gazettee 2008 listed this organisation’s jurisdiction under CAT. But due ignorance of employer, employee, lawyer & Court, tll now the High Court admitted all the cases and the cases are in progress, employees paid to their lawyers, will it be appropriate for Judiciary to dismiss or transfer the case to CAT at this state, where I may have to incur expenditure again for hiring lawyer.

3) Is there any time limit for employer or Judiciary to take a call on jurisdiction of judicial review of such cases.

4) Whether High Court will transfer the case or I have to file it again with CAT

5) If the opposite party adopts delay tactics by not filing response, what is the remedy available to me.
6) Request any other valuable suggestions sir. As I feel that it is an established arbitrary act of attack on dignity of working women employee and the judicial process is really lengthy.

7) Can I approach National Commission for Women on this subject.

Please help me.Thanks.sunanda

[Dr. Ashok Dhamija]

It is not advisable for me to comment on facts without actually seeing the documents. But, from what you have mentioned, it appears that the 2 months notice clause is a part of the same 6 monthly contract. If so, then generally such clause would state that before the completion of the 6 months period, services may be terminated by giving a 2 months notice. In your case, you have said that the services were terminated on the completion of 6 months contract (i.e., on the last day), which means no fresh contract of 6 months was signed. In that situation, in the absence of a fresh / new 6 months contract, the 2 months notice may not be relevant since the contract itself comes to an end. But, as I mentioned above, this is what is based on limited knowledge of facts. Please consult your advocate who would have seen all relevant documents.

On the second issue, under Section 14(2) of the Administrative Tribunals Act, 1985, the Central Government, may by notification, extend the jurisdiction of the CAT to certain corporations / societies controlled by Central Government, etc. Once such a notification is issued, the high court and other courts (excluding the Supreme Court) will not have jurisdiction to entertain service matters of their employees. So, there is a legal bar. If such a notification has been issued in respect of your organisation (as you say, it was in 2008), then the high court will not have jurisdiction and CAT will have the original jurisdiction. The fact that previously for many other employees, the high court was entertaining petitions by mistake, will be no ground for high court to entertain your petition also once it has knowledge of such notification. So, in such a case, your petition may have to go to CAT.

Generally speaking, the high court may dispose of your petition with liberty to approach CAT. But, if the high court is willing to transfer your petition to CAT, that also should be alright. But, chances are that the high court will ask you to file a fresh petition in CAT.

There is no time limit for disposal of a case. Sometimes, they take years. There is a lot of pendency in most courts and even tribunals.

If the opposite party delays the matter, you’ll have to request the court / tribunal to expedite the matter and direct the opposite party or not to give the opposite party further time, etc.

You can approach the NCW, but their powers in this regard are limited.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Sunanda Jayasankar]

Sir.

Everything is clear to me. Thanks a lot. Just for your information, as you said, the two months notice is a part of 6 month contract.

What is little disheartening is that High Court registering the case, carrying the proceedings for few sitting and at a later stage, just accepting the version of opposite court convincing for transfer or dismissal seems little unjust for suffer/petitioner, in view of the fact that employer/govt has not much to loose and also because the establishment of CAT has not oust the jurisdiction of High Court under Article 226. Anyhow, it is ok sir.

I am grateful for your valuable expertise. Thanks. Sunanda

[Dr. Ashok Dhamija]

High Court jurisdiction under Article 226 is not fully taken away, but this will be only after CAT decision. What this means is that once CAT gets jurisdiction in a matter, the matter has to be taken to CAT first and the high court cannot hear it at the first or original stage. But, after CAT has given its verdict, the CAT decision can be challenged in high court under Article 226.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Sunanda Jayasankar]

Sir, Inspite of 4 months time, the opposite party has not submitted the Counter as against 3 weeks time granted by the Court. Inspite of the fact that I engaged a lawyer, things not moved as expected. There is a possibility that my lawyer likely to be elevated as Judge and his possibility of handling the case is not clear. So, Under such circumstance whether my husband, who is also an employee of the same organisation, which terminated me, can plead my case in the court as intervenor, since he has thorough knowledge on my case. Alternatively, can he be permitted by court to be present on the date of proceedings to give due input to the Lawyer or to plead on my behalf in the absence of my engaged Lawyer. The input my husband may help the judiciary to hasten the matter, which is in our interest also.

Request your kind opinion on my husband entry either as intervenor or pleader and the procedure requires to be followed. Thanks. Sunanda

[Sunanda Jayasankar]

Sir, Also please confirm, whether he need to take permission from employer for becoming an intervenor in my case. Rule book of organisation,does not state anything on the subject.

[Sunanda Jayasankar]

Sir,
Reference my request dated 21st June 17 requesting for clarification about the provision of my husband pleading my case as intervenor or on my behalf since the lawyer engaged by me is likely to be promoted as Judge. Also about the requirement or otherwise of my husband to take permission from employer to be intervenor in my case. Please help with your input sir.

S Sunanda

[Dr. Ashok Dhamija]

I have already replied to a similar question. Please see: Can a non-lawyer appear in court to defend his wife?     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Sunanda Jayasankar]

Respected sir,
Thanks for your suggestions extended hitherto. As the lawyer engaged by me elevated as Judge, I preferred for in-person apperance with the help of my husband as ‘intervenor’.Hon’ble court accepted my plea and permitted my husband as ‘intervenor’. As the respondent dilly dallying for almost one year, court gave two weeks time specially stating no more extention. Suprisingly, the opposite party has not taken up the CAT jurisdiction matter, inspite of knowing, perhaps planning to project it as last resort after two weeks, intended approach to delay justice.

Now when my husband and myself looking at the matter,it has come to notice that the autonomous body suppose to engage advocate only from the list of advocates notified by Ministry of Law and Justice, or else they are to take seperate permission for private advocate. Respondent not complied with direction of Law Ministry and deployed private advocate without permission, perhaps on high cost, thereby the advocate is an illegal entrant in the instant writ. Under such circumstance, I request for your kind suggestion on the following sir :-
1) Can I raise my objection to court over his present and past appearances in the court in my case
2) As there was failure of justice because of permitting illegal entrant, Can I request for putting the ‘clock back’ and for interim relief as it was not given merely for the reason to hear the opposite party.
3) Is there any case law/rule which I can refer for moving an application referring him as illegal entrant.
4)In the event of my request for “putting clock back’ , whether the sanction granted for ‘intervenor’ will be valid or not.
5)Whether provision exist in CAT for permitting husband as ‘intervenor’
6)if the unauthorised advocate after two weeks instead of giving counter, pleads for transfer/routing to CAT, what could be my best way to convince Court for IR, since on merit basis I am confident on my case.
7) One year participation of opposite party in writ court can be termed as ‘long time participation’ under limitation act, to present my objection on CAT jurisdiction.

sorry for several querry sir. I am hurt that being a women not only executive machinery, even judicial machinery not dealing fairly with me.

Thanking you
S.Sunanda

[Sunanda Jayasankar]

Sir,
I shall be grateful.if you could look into my request at your convenience please.
Thanking you Sir,
Sunanda

[Dr. Ashok Dhamija]

As far as I understand, guidelines for engaging advocates from the law ministry approved panel, etc., are meant for internal compliance. Any violation thereof may perhaps render the concerned officer accountable to disciplinary rules and may perhaps also create problems in clearance of bills of the advocate concerned. But, if the advocate is otherwise eligible and has been appointed by the authority concerned by signing Vakalatnama, merely because he is not from the law ministry panel, etc.,  does not mean that the case represented by him should fail. This is what is my considered opinion. But, you are free to take whatever stand you want to take or whatever objections you want to raise.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Sunanda Jayasankar]

Respected Sir,

Ok Sir, It is clear to me. Thanks
S.Sunanda

[Sunanda Jayasankar]

Sir,
On the basis of your response to a querry in the forum on 20.9.16, my husband requested for “Intervenor Permission” in the Hon’ble Allahabad High Court, Lucknow Bench, which was permitted and we could able to progress the case in fast pace.

Respondent, almost after one year of dilly dallying the matter in the High Court, now come out with an excuse that the matter comes only under the jurisdiction of CAT. Court agreed to it and directed me to file before CAT in two weeks and also conveyed in the order that the Tribunal will decide in six months time.

I filed my OA before the CAT as applicant-in-person. As an applicant I also moved a written application requesting Hon’ble Tribunal to permit my husband as “Intervenor” citing the permission given by the Hon’ble High court.

During the initial hearing, Hon’ble Tribunal is doubtful about availability of such provision in CAT Rules i.e. permitting husband as intervenor. Surprisingly, the respondent counsel said that “no such provision exists in CAT Act”. Therefore, Hon’ble court expressed reservation to permit me to plead on behalf of my wife.

Request kind guidance on procedure/rule/act which the applicant (myself) or my husband need to put forth specifically before the Hon’ble Central Administrative Tribunal so that my husband could get consideration to plead the case on my behalf as I am convinced that his personal plea facilitates fast progress of the litigation.

Sunanda
Thanks in advance sir,

[Sunanda Jayasankar]

Sir,
Shall be grateful, if you could look into my querry at your convenience please.
Thanks
Sunanda

[Sunanda Jayasankar]

Sir,
Request kind opinion on what the procedure to be followed by my husband to request CAT to allow my husband to plead on my behalf in the OA filed by me in my service matter. He is not a lawyer, still got necessary knowledge to plead the case on my behalf.

Shall be grateful for early opinion please.

[Dr. Ashok Dhamija]

Please see Rule 62 [in particular, sub-rule (b)] of the Rules of Practice, 1993 of CAT (which are available online here], and see whether it can help you:

“62. Appearance on behalf of Government, etc. – (a) Any legal practitioner appearing on behalf of the Central Government or State Government or any Government servant sued or suing in his official capacity or any authority/corporation/society notified under section 14 of the Act shall not be required to file a vakalatnama but he shall file into Tribunal a Memo of Appearance in Form No. 11 duly signed by him.

(b) A presenting officer other than a legal practitioner representing any of the parties referred to in sub-rule (a) shall also file a memo of appearance in Form No.11.”

One more thing, we have noticed that the detailed questions being asked by you are similar to the detailed questions being asked by another user at this link: Reopening of reserved judgement on ground other than connected with the case.

Are these two persons the same? If so, please do not use run parallel questions in two different user names. We may have to block the users and delete the questions.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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