Mumbai CAT Court Judgment

Dear friends,

Mumbai CAT has pronounced its judgment in OA No. 675/2016 on 12.07.2018. We are very thankful to Hon’ble justice Arvind J. Rohee and R. Vijaykumar.  We also express our sincere thanks to our advocate Shri. K. Balsubrahminium & Adv Shri. Nikhil Pujari. 

          Some of the important observations and directions of the CAT in its judgments are as follows ( entire judgment copy will be made available shortly )

Observations and Directions in the order dated 12.07.2018

We have referred above to the law on the principles of reasonableness including Wednesbury reasonableness.  Given the pattern of facts described above and how it leads to a promissory estoppal on respondents, it appears that the respondents have acted in such a manner that no reasonable person acting reasonably would have made such a decision which was contrary to all their submissions before the Hon’ble High Court of Punjab and Haryana where they behaved like cowering mouse.

          In view of this position, the following directions are now possible and would lie within the domain of judicial discretion now available to this Tribunal and are accordingly given:

(a)              The respondents are directed to pass an order within two weeks granting promotion and seniority to all the applicants in the present case including persons who are similarly situated and originally appointed as officiating JTOs along  with them into the vacancies of 1999 to 2001 by displacing those who have been promoted and illegally and improperly adjusted against those vacancies to the disadvantage including for seniority of the applicants and similarly situated persons.

(b)             Any displacement by virtue of revocation of officiating arrangement as JTO shall be restored ex-ante along with whatever salary and allowances that were paid immediately prior to such reduction to their substantive post.

(c)              With regard to the indignity and harassment faced by the applicants and the unnecessary litigation that has been brought out by the injudicious and unfair actions of the respondents, the following  directions shall also be given :

 

(1)             Since the General Manager  (HR) ,  O/o  CGMT, Maharashtra Circle acted on behalf of and under the instructions of Chairman & Managing Director,  BSNL,  a personal penalty of  Rs . 25,000/-  per applicant shall be paid by the Chairman & Managing Director,  BSNL within a period of two weeks from the date of passing of these orders ;

(2)             It was the duty of the CGMT and General Manager  (HR) ,  o/o CGMT, Maharashtra Circle to bring to the notice of their superiors that the views communicated by the Corporate Office are not in accordance with the directions of this Tribunal and were not meeting the need for judicious consideration.  As senior officers, it was necessary for them to apply their collective minds to the issue which is why they are paid high salaries and appointed to high positions.  In the circumstances, a personal penalty of  Rs . 5000/- shall be paid jointly and severally to each of the present applicants within two weeks from the date of receipt of this order.

(3)             For acting unethically in respect of a solemn agreement arrived at with the Unions and despite the submissions made on behalf of the Corporate Office before the Hon’ble High Court of Punjab & Haryana,  the respondent BSNL has grievously erred in the manner in which this case has been processed.  Therefore,  a penalty of Rs . 1,00,000/- shall be payable by the respondent BSNL to the Maharashtra State Legal Services Authority along with all legal costs incurred by the applicants in this matter including full pay as on duty and travel allowances to all those applicants who took permission for attending the proceedings before this court.

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Dear friends be united against injustice.

                                                                                                                               

                                                                                S. W. Parnerkar

Maharashtra Circle, Nashik.

Dear friends,

Contempt of Court Petition has been heard in the Mumbai CAT on 17th March 2016 before Honbl. Judges Smt. Mujumdar & Smt. Bhamsi.

BSNL Advocate submitted Status Report & Reply to the Contempt Petition.

Our Advocate submitted Rejoinder to the reply given by BSNL Advocate.

The case is posted to the 18^th July 2016.

Dear friends,

Contempt of Court Petition has been heard in the Mumbai CAT on 14th March 2016 before Honbl.  Judges Shri. Sarangi & Shri. Rohi.

BSNL Advocate submitted Status Report & Reply to the Contempt Petition.

Honbl Judges directed to present the case before Honbl. Judges Smt. Mujumdar & Smt. Bhamsi, the judges who gave the judgment on the original case, on 17^th March 2016.

Dear Friends,

     Some of the field officers, SDEs, GEs, DGMs, & GMs, are misusing their office powers to pressurize and force the Officiating JTOs, who are not willing to go to the repeated JTO Phase I Training, to compulsory attend the same. They are threatening Officiating JTOs by not letting them to enter and work in their respective office.

     Don’t get pressurized instead inform us the name of officers with all the details of such instances on a paper duly signed by you. We are going to appeal Human Rights Commission against this. Don’t worry friends we all are with you.

Dear friends,

Act of Corporate Terrorism by some officers of BSNL Mgt. & SNEA

Contempt of Court case NO. CP15/2016 is heard in Mumbai Court on 26^th Feb.2016.

Surprisingly Court posted the case to 14^th March 2016 on BSNL Advocates’ request without giving any interim order which gave an opportunity to BSNL Mgt. to revert the officiating JTOs for training and pressurize them by threatening to delete their names from promotion list and so on.

Some of the field officers of SNEA threatened to not allow signing and entering in office premises if the training order is not obeyed. All these facts will be brought before the court.

Because of heavy mental pressure and fear, some of officiating JTOs are suffering from the Blood pressure and other health problems and therefore we advise them to go for the training if unable to handle the pressure.

The pending cases will be persuaded to defeat the illegal / unethical actions and orders.

To,                                                                                                               Date: 27/02/2016.

The Chief General Manager (Through Proper Channel)

 MHT Circle, BSNL, Mumbai-54.

Subject: Request for not to relive me for JTO Phase-I training as per JTO RR- 2014

Ref.  No. : No. A/TRG/Regularization of Officiating JTOs/2014/14-15/86-87- 88 dated 19/2/2016

             Respected sir,

            With reference to the orders nominating me for JTO Phase-I Training as per JTO RR-2014, I wish to submit that,

As we have filed Contempt of Court Petition in Mumbai CAT CP No15/2016 and it is pending before Hon’ble CAT Mumbai Bench, against non implementation of the directions in the judgment in the O.A no 487/2013

Further you refer to my representation dated 24/11/2015, in which I have requested you for regularizing me as per Note 6 of Schedule to the JTO RR-2014, before sending me for any training. Since no reply is received by me on my representation.

 In these circumstances my name may be deleted from the Training list circulated vide your letter No. A/TRG/Regularization of Officiating JTOs/2014 /14-15/86-87-88   dated 19/2/2016.  And request you for not to relive me for JTO Phase -I training.

            Thanking you,

One advanced copy directly forwarded to CGMT MHT Circle to avoided delay.

                                                                                                                     Yours faithfully,

                                                                                    Name;

                                                                                    Design

                                                                                    HRMS No.

Copy to, C.M.D. BSNL, New Delhi.

To,                                                                                     Date:

The Chief General Manager (Through Proper Channel)

   MHT Circle, BSNL, Mumbai-54.

Subject: Request for not to relive me for JTO Phase-I training as per JTO RR- 2014

Ref.  no. : No. A/TRG/Regularization of Officiating JTOs/2014/14-15/86-87- 88 dated  19/2/2016

             Respected sir,

            With reference to the orders nominating me for JTO Phase-I Training as per JTO RR-2014, I wish to submit that,

As we have filed Contempt of Court Petition in Mumbai CAT and it will be heard on 26^th Feb. 2016, against non implementation of the directions in the judgment in the O.A no 487/2013.  Vide your order No. A/TRG/Regularization of Officiating JTOs/2014/14-15 dated 09/02/2016 as per the direction of Hon’ble CAT Mumbai Bench.

Further you refer to my representation dtd. 24/11/2015,Where I request you for regularizing me as per Note 6 of Schedule to the JTO RR-2014, before sending me for any training. Since no reply is received by me on my representation I request you to send me for training only after promoting me as regular JTO as per above JTO RR. 2014.

 In these circumstances my name may not be included in the proposed Training list circulated vide your letter No.  A/TRG/Regularization of Officiating JTOs/2014 /14-15/86-87-88   dated 19/2/2016. And not to relive me for JTO Phase -I training.

            Thanking you,

One advanced copy directly forwarded to CGMT MHT Circle to avoided delay.

                                                                                                                     Yours faithfully,

                                                                                    Name;

                                                                                    Design

                                                                                    HRMS No.

Copy to, C.M.D. BSNL, New Delhi.