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.