Friday, December 16, 2011
Wednesday, November 30, 2011
NEWS FROM KABEERDAS
THE CONTEMPT OF COURT PETETIONFILED BY US FOR FR22(1)A1 WILL APPEAR ON 30/11/2011(TODAY) FOR ADMISSION AFTER NOTICE (i.e. NOT READY FOR HEARING) IN COURT NO: I AND WILL BE HEARD BY HON’BLE MR. JUSTICE V.K.BALI CHAIRMAN AND HON’BLE DR. R.C.PANDA ADMINISTRATIVE MEMBER WITH SL NO:7 AND CASE NO:CP. 895/2011(O.A. 1282/2010)FILED BY B.S.N.L.OFFICERS ASSN( BY LAWYER MRS. RANI CHHABRA) V/s SRI.R.K.UPADHYAY(CMD,BSNL) ...KABEERDAS
Wednesday, November 23, 2011
NEWS FROM KABEERDAS SITE
REGARDING CHANDIGARH COURT CASE
DEAR FRIENDS TO DAY THE COCP-1431/2008 CASE CAME UP FOR HEARING IN CHANDIGARH COURT AND DEPARTMENT SIDE ATTENDED WITH SENIOR OFFICERS FROM CORPORATE OFFICE AND SRI.ANILRATHI ADVOCATE ARGUED THE CASE AND AFTER PROLONGED DISCUSSIONS THE PETITIONERS ASKED FOR SUBMITTING FRESH AFFIDAVIT IN THE CASE SO THE JUDGE POSTED THE CASE TO FEB-09/2012 .
THE CENTRAL COORDINATOR ALONG WITH SRI.RAJENDER REDDY ATTENDED THE COURT TO SEE THE PROCCDINGS.FOR FURTHER DETAILS PLEASE CONTACT CENTRAL COORDINATOR.....KABEERDAS
DEAR FRIENDS TO DAY THE COCP-1431/2008 CASE CAME UP FOR HEARING IN CHANDIGARH COURT AND DEPARTMENT SIDE ATTENDED WITH SENIOR OFFICERS FROM CORPORATE OFFICE AND SRI.ANILRATHI ADVOCATE ARGUED THE CASE AND AFTER PROLONGED DISCUSSIONS THE PETITIONERS ASKED FOR SUBMITTING FRESH AFFIDAVIT IN THE CASE SO THE JUDGE POSTED THE CASE TO FEB-09/2012 .
THE CENTRAL COORDINATOR ALONG WITH SRI.RAJENDER REDDY ATTENDED THE COURT TO SEE THE PROCCDINGS.FOR FURTHER DETAILS PLEASE CONTACT CENTRAL COORDINATOR.....KABEERDAS
Tuesday, November 22, 2011
CANDIGARH CASE DETAILS
The CHANDIGARH COCP:1431-2008 BETWEEN DEEPAK VERMA & ORS V/S KULDEEP GOYAL & ORS WILL BE HEARD IN COURT ROOM NO:4 ON 23/11/2011 BY HON'BLE MR. JUSTICE AJAY KUMAR MITTAL.THE CASE SL NO:1
THE CENTRAL COORDINATOR IS ENROUTE TO CHANDIGARH TO SEE THE PROCCDINGS OF THE CASE PERSONNALLY.
WE HOPE THAT THE STAND OFF WILL GO AWAY AND THE JTO REGULARISATION WILL HAPPEN NOW AFTER THE JUDGEMENT AND IT MAY ALSO HELP THE DR-TTA s THAT THEY ALSO CAN GET JTO LICE EXAM WILL BE CONDUCTED SHORTLY AFTER OUR REGULARISATION
THE CENTRAL COORDINATOR IS ENROUTE TO CHANDIGARH TO SEE THE PROCCDINGS OF THE CASE PERSONNALLY.
WE HOPE THAT THE STAND OFF WILL GO AWAY AND THE JTO REGULARISATION WILL HAPPEN NOW AFTER THE JUDGEMENT AND IT MAY ALSO HELP THE DR-TTA s THAT THEY ALSO CAN GET JTO LICE EXAM WILL BE CONDUCTED SHORTLY AFTER OUR REGULARISATION
Wednesday, October 19, 2011
REGRDING FR22(1)A1 .LETTERS GIVEN TO MANAGEMENT BY OUR LAWYER AND KABEERDAS FOR OJTOs
MRS. RANI CHHABRA Chamber:
ADVOCATE 125, Lawyers Chamber Supreme Court of India
SUPREME COURT OF INDIA New Delhi – 110 001
Phone: 23387827
Office-cum-residence
1,Hargobind enclave, Vikas Marg Extn
Opp. Deepak Memorial Hospital
Delhi 110 092
Phone : 4310872, Mobile: - 9811168252
E-mail: rani_chhabra@rediff mail.com
------------------------------------------------------------------------------------------------------------
15.10.2011
To
Shri R.K.Upadhyay
Chairman-cum-Managing Director
Bharat Sanchar Bhawan
Harish Chandra Mathur Lane
New Delhi-110001.
Sub:- For implementation of order dated 26.8.2010 of the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi in O.A.No.1282 of 2010.
Sir,
It is brought to your kind notice that the BSNL Officers’ Association (Registered) and another filed the abovenoted O.A. No. 1282 of 2010 before the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi for fixation of their scale under fundamental rules 22(1)(a)(i) for officiating Junior Telecom Officers and the said O.A. filed by the association was allowed on 26th August, 2010. Since then the order passed by the Central Administrative Tribunal, Principal Bench has not been complied with.
The association being aggrieved filed application for directions directing the Respondents to implement the order dated 26.8.2010 within a certain period. The department has filed review petition for review of the order dated 26.8.2010 passed by the Central Administrative Tribunal.
That review petition filed by the department as well as M.A. for directions filed by the officers’ association came up for hearing before the Central Administrative Tribunal, Principal Bench on 26.8.2010 and the Hon’ble Tribunal was pleased to dismiss the review petition and direct for implementation of the judgment of the Central Administrative Tribunal dated 26.8.2010 within six weeks from the date of the order.
That the said period is going to expire and till date no action for implementation of the order is taken. Therefore your good-self is requested to implement the order dated 26.8.2010 passed by Central Administrative Tribunal, Principal Bench in O.A. No. 1282 of 2010 within the time prescribed otherwise the members of the association will be constraint to move for initiation of contempt proceedings against your good-self and erring officers. In order to avoid such situation kindly implement the same at the earliest.
Thanking you,
Yours’ faithfully,
(Mrs. Rani Chhabra)
Advocate
ADVOCATE 125, Lawyers Chamber Supreme Court of India
SUPREME COURT OF INDIA New Delhi – 110 001
Phone: 23387827
Office-cum-residence
1,Hargobind enclave, Vikas Marg Extn
Opp. Deepak Memorial Hospital
Delhi 110 092
Phone : 4310872, Mobile: - 9811168252
E-mail: rani_chhabra@rediff mail.com
------------------------------------------------------------------------------------------------------------
15.10.2011
To
Shri R.K.Upadhyay
Chairman-cum-Managing Director
Bharat Sanchar Bhawan
Harish Chandra Mathur Lane
New Delhi-110001.
Sub:- For implementation of order dated 26.8.2010 of the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi in O.A.No.1282 of 2010.
Sir,
It is brought to your kind notice that the BSNL Officers’ Association (Registered) and another filed the abovenoted O.A. No. 1282 of 2010 before the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi for fixation of their scale under fundamental rules 22(1)(a)(i) for officiating Junior Telecom Officers and the said O.A. filed by the association was allowed on 26th August, 2010. Since then the order passed by the Central Administrative Tribunal, Principal Bench has not been complied with.
The association being aggrieved filed application for directions directing the Respondents to implement the order dated 26.8.2010 within a certain period. The department has filed review petition for review of the order dated 26.8.2010 passed by the Central Administrative Tribunal.
That review petition filed by the department as well as M.A. for directions filed by the officers’ association came up for hearing before the Central Administrative Tribunal, Principal Bench on 26.8.2010 and the Hon’ble Tribunal was pleased to dismiss the review petition and direct for implementation of the judgment of the Central Administrative Tribunal dated 26.8.2010 within six weeks from the date of the order.
That the said period is going to expire and till date no action for implementation of the order is taken. Therefore your good-self is requested to implement the order dated 26.8.2010 passed by Central Administrative Tribunal, Principal Bench in O.A. No. 1282 of 2010 within the time prescribed otherwise the members of the association will be constraint to move for initiation of contempt proceedings against your good-self and erring officers. In order to avoid such situation kindly implement the same at the earliest.
Thanking you,
Yours’ faithfully,
(Mrs. Rani Chhabra)
Advocate
Monday, October 10, 2011
Wednesday, October 5, 2011
Wednesday, September 28, 2011
Tuesday, August 30, 2011
FR22(1)A1 CASE UPDATE FROM KABEERDAS BLOG
THE PRICIPAL CAT TODAY DIRECTED BSNL TO IMPLEMENT FR22(1)A1 SCALE TO ALL OFFICIATING JTOs .
TO DAY THE PRICIPAL CAT WHILE HEARING THE CASE HAS DIRECTED BSNL TO IMPLEMENT FR22(1)A1 SCALE TO ALL OFFICIATING JTOs ATPAR WITH KERALA JUDGEMENT.CAT HAS DIRECTED BSNL TO IMPLEMENT THE SAME WHILE HEARING OUR CASES WITH SL NOs :1.RA125/2011,2.OA1282/2010 AND 3.MA308/2010......... KABEERDAS
Thursday, July 28, 2011
NEWS FROM AIBSNLEA WEBSITE
26.07.2011: GS, President, AGS(Engg.) met Sr. GM(Estt.) and discussed:
(b) Regularization of JTOs(Off.) : We requested to regularize all officiating JTOs as one time measure. Sr. GM(Estt.) mentioned that a contempt case against regularization of JTOs(off.) is pending in Hon'ble Chandigarh High Court and the next hearing is on 02.08.2011. However, association may submit its proposal for regularization of officiating JTOs keeping in view the legal aspects.
Saturday, December 11, 2010
Friday, December 10, 2010
NEWS FROM TEPU SITE
Telecommunication Employees Progressive Union
Central Head Quarters
Items for discussion in the ensuing National Council Meeting
1. Implementation of the Judgment dated 27.8.2010 of CAT Principal Bench, in OA No: 282/10 by granting of JTO Pay Scale and Fixation under FR 22 (1) (a) (i) for Officiating JTOs.
As no stay was granted by Honorable High Court of Kerala against the Judgment dated 17.7.2009, of CAT Ernakulam Bench in OA 84/2008, JTO Pay with benefits under FR 22(1) (a) (i) were granted to Officiating JTOs of Kerala Circle alone.
Representations of similarly placed Officiating JTOs as well as that of their Association for uniform implementation of CAT Ernakulam Judgment was negated by the Management, resulting in the deprived officials filing an appeal under Section 19 of Administrative Tribunal Act 1985, requesting to quash and to set aside BSNL letter No: 3-2/2009-Pers.IV dated 5.1.2010 and to order for extending similar benefits as that of their counterparts in Kerala Circle.
Principal CAT in OA No: 1282/2010, before passing its orders has observed as under:
Para 2: “ In as much as, present matter is covered in favour of the applicants by the decision of Ernakulam Bench of this Tribunal in OA No: 84/2008 and other connected TAs decided on 15.7.2009, there will be no need to give facts in details.”
Para 3: “We have gone through the judgment passed by Ernakulam Bench of this Tribunal and are in respectful agreement with the same……………………………………. .If perhaps, the respondents would have obtained the stay, we may have adjourned the case sine die. But, inasmuch as, once there is no stay and, therefore, the applicants in TAs are getting relief granted to them, there will be no need whatsoever to stay the proceedings of this case.”
CAT Principal Bench has passed the following Judgment:
“For parity of reasons, we allow present OA in terms of the decision of Ernakulam Bench of this Tribunal in the matter of M.V.Salilakumar & Otrs. V/s The Chairman & Managing Director & otr (supra). However, we make it absolutely clear that the fate of the applicants herein would be dependent upon the writs filed by respondents in Kerala High Court. That being so, if the writs are allowed, the respondents may withdraw the benefits given to the applicants and, therefore there will be no need for the respondents to file separate writ in this case.”
In spite of a speaking order of Principal Bench of CAT delivered as early as on 27.8.2010, implementation part is absent from the side of the management.
To end with the introduced disparity, inequality and discrimination, the Judgment of CAT Principal Bench may immediately be implemented in letter and spirit by granting JTOs Pay with fixation benefit under FR 22 (1) (a) (i) to all officiating JTOs on the same conditions as has been extended to others in concurrence with the orders of CAT, Ernakulam.
2. Immediate implementation of the Orders of Government of India on Officiating Pay under FR 35
Existing criteria on Basic Pay regarding imposition of restriction of Pay under FR 35 has been revised by the Government on 8.3.2010. Subsequently, orders were issued by BSNL on 10.9.2010 vide No: 1-14/2010-PAT (BSNL) revising the ceiling of Pay under Fr 35 and made the order of DOP&T applicable to BSNL Employees. According to this order officials drawing revised Basic Pay up to Rs.24,900/- are eligible for 15% of revised Basic Pay subject to a maximum of Rs.2000/-
It is unfortunate that the extended benefit had not gone to the benefit of eligible officials, predominantly for those officiating JTOs, in every circle, on the pretext of expected clarifications from Corporate Office.
Necessary clarification sought by field units may be issued expeditiously and ensure the benefit extended
3. LDCE for TTA cadre under 40% Quota – Confirmation of selection successful candidates declared as provisionally selected.
As per the notification of Corporate Office, Examination was held for selection of TTA under 40% Departmental quota. Officials were admitted for the examination with the issue of hall tickets. While declaring the results, quite a few names were declared as provisionally selected. It is understood that these provisionally successful candidates are holders of graduation through various Government approved Institutions,without passing 10+2. As the qualification possessed by them was direct, it is understood that the Circles have kept their names under provisional list, pending clarification from Corporate Office.
In the past, even those who have not held the requisite qualification have been subjected to pre-qualifying examination and then permitted to appear in LDCE against the 40% Departmental Quota, declared successful, selected and appointed.
In the instant case, such of those officials placed under provisional list may be deemed as qualified in consideration of their higher qualification and the provisional selection may be ended by declaring them successful.
Central Head Quarters
Items for discussion in the ensuing National Council Meeting
1. Implementation of the Judgment dated 27.8.2010 of CAT Principal Bench, in OA No: 282/10 by granting of JTO Pay Scale and Fixation under FR 22 (1) (a) (i) for Officiating JTOs.
As no stay was granted by Honorable High Court of Kerala against the Judgment dated 17.7.2009, of CAT Ernakulam Bench in OA 84/2008, JTO Pay with benefits under FR 22(1) (a) (i) were granted to Officiating JTOs of Kerala Circle alone.
Representations of similarly placed Officiating JTOs as well as that of their Association for uniform implementation of CAT Ernakulam Judgment was negated by the Management, resulting in the deprived officials filing an appeal under Section 19 of Administrative Tribunal Act 1985, requesting to quash and to set aside BSNL letter No: 3-2/2009-Pers.IV dated 5.1.2010 and to order for extending similar benefits as that of their counterparts in Kerala Circle.
Principal CAT in OA No: 1282/2010, before passing its orders has observed as under:
Para 2: “ In as much as, present matter is covered in favour of the applicants by the decision of Ernakulam Bench of this Tribunal in OA No: 84/2008 and other connected TAs decided on 15.7.2009, there will be no need to give facts in details.”
Para 3: “We have gone through the judgment passed by Ernakulam Bench of this Tribunal and are in respectful agreement with the same……………………………………. .If perhaps, the respondents would have obtained the stay, we may have adjourned the case sine die. But, inasmuch as, once there is no stay and, therefore, the applicants in TAs are getting relief granted to them, there will be no need whatsoever to stay the proceedings of this case.”
CAT Principal Bench has passed the following Judgment:
“For parity of reasons, we allow present OA in terms of the decision of Ernakulam Bench of this Tribunal in the matter of M.V.Salilakumar & Otrs. V/s The Chairman & Managing Director & otr (supra). However, we make it absolutely clear that the fate of the applicants herein would be dependent upon the writs filed by respondents in Kerala High Court. That being so, if the writs are allowed, the respondents may withdraw the benefits given to the applicants and, therefore there will be no need for the respondents to file separate writ in this case.”
In spite of a speaking order of Principal Bench of CAT delivered as early as on 27.8.2010, implementation part is absent from the side of the management.
To end with the introduced disparity, inequality and discrimination, the Judgment of CAT Principal Bench may immediately be implemented in letter and spirit by granting JTOs Pay with fixation benefit under FR 22 (1) (a) (i) to all officiating JTOs on the same conditions as has been extended to others in concurrence with the orders of CAT, Ernakulam.
2. Immediate implementation of the Orders of Government of India on Officiating Pay under FR 35
Existing criteria on Basic Pay regarding imposition of restriction of Pay under FR 35 has been revised by the Government on 8.3.2010. Subsequently, orders were issued by BSNL on 10.9.2010 vide No: 1-14/2010-PAT (BSNL) revising the ceiling of Pay under Fr 35 and made the order of DOP&T applicable to BSNL Employees. According to this order officials drawing revised Basic Pay up to Rs.24,900/- are eligible for 15% of revised Basic Pay subject to a maximum of Rs.2000/-
It is unfortunate that the extended benefit had not gone to the benefit of eligible officials, predominantly for those officiating JTOs, in every circle, on the pretext of expected clarifications from Corporate Office.
Necessary clarification sought by field units may be issued expeditiously and ensure the benefit extended
3. LDCE for TTA cadre under 40% Quota – Confirmation of selection successful candidates declared as provisionally selected.
As per the notification of Corporate Office, Examination was held for selection of TTA under 40% Departmental quota. Officials were admitted for the examination with the issue of hall tickets. While declaring the results, quite a few names were declared as provisionally selected. It is understood that these provisionally successful candidates are holders of graduation through various Government approved Institutions,without passing 10+2. As the qualification possessed by them was direct, it is understood that the Circles have kept their names under provisional list, pending clarification from Corporate Office.
In the past, even those who have not held the requisite qualification have been subjected to pre-qualifying examination and then permitted to appear in LDCE against the 40% Departmental Quota, declared successful, selected and appointed.
In the instant case, such of those officials placed under provisional list may be deemed as qualified in consideration of their higher qualification and the provisional selection may be ended by declaring them successful.
Wednesday, December 8, 2010
PRINCIPAL CAT ORDER ON FR22(1)A1 DATED 06-12-10 FROM KABEERDAS SITE
THE PRINCIPAL CAT NEW DELHI HAS ORDERED BSNL MANAGEMENT TO IMPLEMENT FR22(1)A1 PAY FIXATION FOR ALL OFFICIATING JTOs BEFORE 10-01-2011 {(WIDE OUR CASE NO:1082/2010 AND MA:3082/2010) ON 06-12-2010 WHICH WAS HEARD IN COURT HALL NO:1 ,ITEM NO:25 DTD:06-12-2010 (THROUGH OUR ADVOCATE:SMT.RANICHABRA) AND ORDERED TO IMPLEMENT BEFORE 10-01-2011}.
PRINCIPAL CAT JUDGEMENT ON FR22(1)A1
Central Administrative Tribunal
Principal Bench
OA 1282/2010
New Delhi, this the 26th day of August, 2010
Hon ble Mr. Justice V.K. Bali, Chairman
Hon ble Mr. L.K. Joshi, Vice Chairman (A)
1. BSNL Officers Association (Regd)
Through its President Rudrapal Sharma,
O/o T-15, Atul Grove Road,
New Delhi 110 001.
2. N. Kabir Das s/o Late N. Narayana,
O/o SDOPI CMR, Charminar,
Hyderabad 500 002. Applicants
(By Advocate: Mrs. Rani Chhabra)
Versus
1. BSNL (a Government of India Enterprises)
Corporate Office, Personnel Branch,
5th Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi.
2. Chairman-cum-Managing Director,
BSNL (a Government of India Enterprises)
Corporate Office, Personnel Branch,
5th Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi.
3. Assistant General Manager (Personnel)
BSNL (a Government of India Enterprises)
Corporate Office, Personnel Branch,
5th Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi. Respondents.
(By Advocate: Mr. Sameer Aggarwal)
ORDER (ORAL)
Justice V.K. Bali, Chairman:
BSNL Officers Association (Regd) and Mr. N. Kabir Das have filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking to quash order No.3-2/2009-Pers-IV dated 05.01.2010, and consequent on setting aside the order aforesaid to direct the respondents to extend the same benefits of fixation of pay and allowances under Rule 22 (1)(ia) of the Fundamental Rules to the Members of the applicant-Association as admissible to JTOs, as they have been officiating on the said posts for the last more than five years.
2. Inasmuch as, present matter is covered in favour of the applicants by the decision of Ernakulam Bench of this Tribunal in the matter of M.V. Salilakumar & Ors. V/s. The Chairman & Managing Director & Ors., (TA No.84/2008 and other connected TAs decided on 15.07.2009), there will be no need to give facts in detail.
3. We have gone through the judgment passed by Ernakulam Bench of this Tribunal and are in respectful agreement with the same. We are, however, informed that against the judgment aforesaid, respondents have filed two writs in the Hon ble High Court of Kerala and the same have been admitted, but in none of these two writs, stay has been granted. If perhaps, the respondents would have obtained the stay, we may have adjourned this case sine die. But, inasmuch as, once there is no stay and, therefore, the applicants in TAs are getting the relief granted to them, there will be no need whatsoever to stay the proceedings of this case.
4. For parity of reasons, we allow present Original Application in terms of the decision of Ernakulam Bench of this Tribunal in the matter of M.V. Salilakumar & Ors. V/s. The Chairman & Managing Director & Ors.(supra). However, we make it absolutely clear that the fate of the applicants herein would be dependent upon the writs filed by the respondents in Kerala High Court. That being so, if the writs are allowed, the respondents may withdraw the benefits given to the applicants and, therefore, there will be no need for the respondents to file separate writ in this case.
(L.K. Joshi) (V.K. Bali)
Vice Chairman (A) Chairman
/naresh
Principal Bench
OA 1282/2010
New Delhi, this the 26th day of August, 2010
Hon ble Mr. Justice V.K. Bali, Chairman
Hon ble Mr. L.K. Joshi, Vice Chairman (A)
1. BSNL Officers Association (Regd)
Through its President Rudrapal Sharma,
O/o T-15, Atul Grove Road,
New Delhi 110 001.
2. N. Kabir Das s/o Late N. Narayana,
O/o SDOPI CMR, Charminar,
Hyderabad 500 002. Applicants
(By Advocate: Mrs. Rani Chhabra)
Versus
1. BSNL (a Government of India Enterprises)
Corporate Office, Personnel Branch,
5th Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi.
2. Chairman-cum-Managing Director,
BSNL (a Government of India Enterprises)
Corporate Office, Personnel Branch,
5th Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi.
3. Assistant General Manager (Personnel)
BSNL (a Government of India Enterprises)
Corporate Office, Personnel Branch,
5th Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi. Respondents.
(By Advocate: Mr. Sameer Aggarwal)
ORDER (ORAL)
Justice V.K. Bali, Chairman:
BSNL Officers Association (Regd) and Mr. N. Kabir Das have filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking to quash order No.3-2/2009-Pers-IV dated 05.01.2010, and consequent on setting aside the order aforesaid to direct the respondents to extend the same benefits of fixation of pay and allowances under Rule 22 (1)(ia) of the Fundamental Rules to the Members of the applicant-Association as admissible to JTOs, as they have been officiating on the said posts for the last more than five years.
2. Inasmuch as, present matter is covered in favour of the applicants by the decision of Ernakulam Bench of this Tribunal in the matter of M.V. Salilakumar & Ors. V/s. The Chairman & Managing Director & Ors., (TA No.84/2008 and other connected TAs decided on 15.07.2009), there will be no need to give facts in detail.
3. We have gone through the judgment passed by Ernakulam Bench of this Tribunal and are in respectful agreement with the same. We are, however, informed that against the judgment aforesaid, respondents have filed two writs in the Hon ble High Court of Kerala and the same have been admitted, but in none of these two writs, stay has been granted. If perhaps, the respondents would have obtained the stay, we may have adjourned this case sine die. But, inasmuch as, once there is no stay and, therefore, the applicants in TAs are getting the relief granted to them, there will be no need whatsoever to stay the proceedings of this case.
4. For parity of reasons, we allow present Original Application in terms of the decision of Ernakulam Bench of this Tribunal in the matter of M.V. Salilakumar & Ors. V/s. The Chairman & Managing Director & Ors.(supra). However, we make it absolutely clear that the fate of the applicants herein would be dependent upon the writs filed by the respondents in Kerala High Court. That being so, if the writs are allowed, the respondents may withdraw the benefits given to the applicants and, therefore, there will be no need for the respondents to file separate writ in this case.
(L.K. Joshi) (V.K. Bali)
Vice Chairman (A) Chairman
/naresh
LORD BALAJI
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