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Advice for appeal against CAT's order dissolve bunching & effect recov
13-Jul-2023 (In Labour & Service Law)
An OA No. 3512/2017 has been dismissed by CAT(PB) in a hasty way and dismissed on the ground of no grievance without considering all facts and circumstances submitted by applicants. Matter was reg bunching benefits in accordance with om of d/o expenditure which was clarified after about 18 months of grant of benefits to applicants. The order not only dissolves benefits but also with retrospective effect i.e. with recovery which is a considerable amount. Order of cat has still not been implemented by the deptt. while case was decided on 27.01.2020. Now, we think to appeal against the order in Delhi high court to seek proper justice for us who are to suffer financially when they are not responsible at all. Please advice.
It is correct that you can file an Appeal in the High Court of Delhi against the CAT order. The main problem you would face would be the issue of delay in filing an Appeal as 6 months have passed (even if we remove lockdown that was for approx 3 months).
Do you have any subsequent notification/circular by your department pertaining to the CAT order? That can be challenged to bypass the delay issue. I would be able to assist you better after having a look at the relevant documents so please contact me for the same .
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Adv. Akanksha Choudhary
Bangalore / Bengaluru | 5+ Answers
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Hello sir. I have perused your legal query. A copy of the order of the CAT needs to be made available for appropriate advice to be given. Please feel free to reach out to me in case you wish to discuss the matter in more detail.
Helpful?
Yes depending upon the facts and circumstances of your case, you are well within your right to file a Writ Petition before the Delhi High Court Challenging the order of the CAT.
You can provide the details and discuss it with me over phone or video conference
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Adv. Kunal Gosain
Delhi | 25+ Answers
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