Legal Question in Appeals and Writs in India

legal advise wanted

Single bench of High court quashed termination order of an employee.Management went for LPA alongwith application for stay on order. LPA is standing but for stay no order passed.Employee went for contempt petition.please advise what is defence for management


Asked on 4/17/08, 3:00 am

6 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: legal advise wanted

Contact a local high court lawyer.

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Answered on 4/19/08, 9:02 am
RAJIV NANDA RAJIV NANDA ADVOCATES

Re: legal advise wanted

If order of the single judge , quashing the termination order was not stayed, the same required to be complied with. However in order to aviod the contempt the managment must come to Supreme Court impugning the order of division bench whereby stay has not been granted and plead to stay the order of resinstatement till the disposal of LPA by Division bench. The supreme Court has done this in a recent matter.

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Answered on 4/17/08, 3:21 am
Mahesh Gupta Medico-legal Advocates and Consultants

Re: legal advise wanted

I do not think there are valid grounds for contempt plea. It should fail on its own. The management does not need any special defence.

M C Gupta

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Answered on 4/17/08, 4:10 am
Vivek Mapara Vivek N. Mapara

Re: legal advise wanted

Unless the stay is granted, the order of Single judge stands, and management is bound to obey the order and reinstate the employee, and if it does not, then contempt proceedings have to be faced.

Mind, subsequent grant of stay by the courts will not prevent the contempt proceedings.

To escape from then libaility of contempt you should obey the order of the court first. Once the order is implemented, then courts normally do not persue further for the contempt.

Feel Free To Contact

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Answered on 4/17/08, 6:05 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: legal advise wanted

All details are required to be examined to suggest you grounds of defense.

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Answered on 4/20/08, 2:18 am

Re: legal advise wanted

All details and court papers are required to be examined to suggest defence.Consult with all details,professional charges are applicable.

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Answered on 4/19/08, 5:14 am


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