CONTRACT EMPLOY TERMINATION STANDARD
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT _____________
O A No: ______of ____
_______________________________________Applicant
VERSUS
_______________________________________Respondent.
Application under Section 19 of the Administrative Tribunals Act, 1985
Respectfully:
- Particulars of the Applicant:
As given in the Memo of Parties.
- Particulars of the Respondents:
As given in the Memo of Parties.
- Impugned Order:
That the applicant is aggrieved by the impugned order issued by the respondents ______
The said impugned order is arbitrary, illegal, malafide, violative of the Constitutional Rights and natural justice and issued in colourable exercise of power
- Jurisdiction:
That the applicant declares that the subject matter of the order against which he wants redressal is within the jurisdiction of this Hon'ble Tribunal.
- Limitation:
That the applicant further declares that the application is within the limitation prescribed in section 21 of the Administrative Tribunals Act, 1985.
- Facts of the Case:
6.1 That the applicant submits that he was initially engaged as daily wager w.e.f. ______ and ever since the applicant has put in 240 days service in each calendar year as per (Annexure A-1) and this position of fact will also be clarified when the respondent-department will annex the man-days chart along with their reply.
6.2 That ________
GROUNDS
6.3 That feeling aggrieved by such an arbitrary, malafide, discriminatory and illegal actions of the respondents, the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, each one of which is without prejudice to and independent of others:
(a) That the impugned order of termination of the respondent is arbitrary, malafide, illegal, ultra vires, against the Articles 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice.
(b) That the applicant has completed more than 240 days continuously and therefore the services of the applicant has been terminated in violation of Section 25-F of the Industrials Disputes Act.
(c) That the work for which the applicant was initially engaged still exists.
(d) That the persons junior ______ to the applicant have been retained by the respondent-department.
(e) That ______
(f) That the respondent-department has given fictional breaks at regular intervals in the service of the applicant so as to deprive him from being regularised or claiming other benefits under the rules and regulations. However, it is settled law that such fictional breaks count for continuous service under the specific provisions of the statute.
(g) That the respondents are estopped due to their own act, deed and conduct. The principle of the Promissory Estoppel applies against the respondents.
(h) That the impugned order is against the well-settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases.
- Reliefs Sought:
That the applicant, therefore, prays that your Lordship be pleased to issue an appropriate writ, orders or directions to grant the following reliefs in favour of the applicant in the interest of justice:-
(i) Quash the impugned order of termination of services of the applicant being issued arbitrarily, malafide and illegally by the respondents;
(j) Direct the respondents to re-engage the applicant against the same post at the same place in the same capacity with all the consequential benefits and grant him seniority ante-date and full back-wages along with interest @ 18% pa;
(k) Direct the respondents to produce all the relevant documents, more particularly Mondays Chart along with reply for perusal by this Hon'ble Tribunal;
(l) Allow the cost of this O.A.;
(m)Pass such other order or directions as deemed fit and proper in favour of the applicant.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY.
- Interim Orders, If Prayed:
It is most respectfully prayed, that during the pendency of this O. A. the respondents be directed to re-engage the services of the applicant.
- Details of Remedies Exhausted:
That the applicant submits that since the matter being of an urgent nature, there is no other alternative speedy and efficacious remedy available to him except to approach this Hon'ble Tribunal.
10.Matter not Pending with any other Courts Etc:
That the applicant further declares that the matter regarding which this application has been made, is not pending before any court of law or any other Authority or any other bench of this Hon'ble Tribunal.
- Particulars of Court Fees:
Court fees worth Rs 50/- is attached herewith.
- Details of Index:
An index containing the details of the documents to be relied upon is enclosed herewith.
(Name of Place) Applicant
_______ Through, Advocate
Verification:
I, ______, do hereby verify that the contents of the above Interrogatories from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this ______.
Plaintiff / Defendant
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ______________
O A No:_______ of _____
_______________________________________Applicant
VERSUS
_______________________________________Respondent.
Affidavit in support of O.A. under Section 19 of the Administrative Tribunals Act 1985.
I, _______, do hereby solemnly, affirm and declare as under:-
- That the accompanying O.A. has been prepared under my instructions.
- That the contents of paras 1 to 12 of the accompanying application are correct and true to the best of my knowledge.
- That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this the _______.
Deponent
Annexure A-1
Mondays Chart
|
Month |
Nos. of days worked. |
Remarks |
|
|
|
|
|
Jan |
31__ __ |
|
|
Feb |
28__ __ |
|
|
Mar |
31__ __ |
|
|
Apr |
30__ __ |
|
|
May |
31__ __ |
|
|
Jun |
30__ __ |
|
|
Jul |
31__ __ |
|
|
Aug |
31__ __ |
|
|
Sep |
30__ __ |
|
|
Oct |
31__ __ |
|
|
Nov |
30__ __ |
|
|
Dec |
31__ __ |
|
|
Total |
__ |
|
|
|
|
|
|
Jan |
31__ __ |
|
|
Feb |
28__ __ |
|
|
Mar |
31__ __ |
|
|
Apr |
30__ __ |
|
|
May |
31__ __ |
|
|
Jun |
30__ __ |
|
|
Jul |
31__ __ |
|
|
Aug |
31__ __ |
|
|
Sep |
30__ __ |
|
|
Oct |
31__ __ |
|
|
Nov |
30__ __ |
|
|
Dec |
31__ __ |
|
|
Total |
__ |
|
|
|
|
|
|
Jan |
31__ __ |
|
|
Feb |
28__ __ |
|
|
Mar |
31__ __ |
|
|
Apr |
30__ __ |
|
|
May |
31__ __ |
|
|
Jun |
30__ __ |
|
|
Jul |
31__ __ |
|
|
Aug |
31__ __ |
|
|
Sep |
30__ __ |
|
|
Oct |
31__ __ |
|
|
Nov |
30__ __ |
|
|
Dec |
31__ __ |
|
|
Total |
__ |
|
|
|
|
|
|
Jan |
31__ __ |
|
|
Feb |
28__ __ |
|
|
Mar |
31__ __ |
|
|
Apr |
30__ __ |
|
|
May |
31__ __ |
|
|
Jun |
30__ __ |
|
|
Jul |
31__ __ |
|
|
Aug |
31__ __ |
|
|
Sep |
30__ __ |
|
|
Oct |
31__ __ |
|
|
Nov |
30__ __ |
|
|
Dec |
31__ __ |
|
|
Total |
__ |
|
|
|
|
|
|
Jan |
31__ __ |
|
|
Feb |
28__ __ |
|
|
Mar |
31__ __ |
|
|
Apr |
30__ __ |
|
|
May |
31__ __ |
|
|
Jun |
30__ __ |
|
|
Jul |
31__ __ |
|
|
Aug |
31__ __ |
|
|
Sep |
30__ __ |
|
|
Oct |
31__ __ |
|
|
Nov |
30__ __ |
|
|
Dec |
31__ __ |
|
|
Total |
__ |
|
|
|
|
|
|
Jan |
31__ __ |
|
|
Feb |
28__ __ |
|
|
Mar |
31__ __ |
|
|
Apr |
30__ __ |
|
|
May |
31__ __ |
|
|
Jun |
30__ __ |
|
|
Jul |
31__ __ |
|
|
Aug |
31__ __ |
|
|
Sep |
30__ __ |
|
|
Oct |
31__ __ |
|
|
Nov |
30__ __ |
|
|
Dec |
31__ __ |
|
|
Total |
__ |
|
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT _______________
O A No:______ of ____
_______________________________________ Applicant
VERSUS
_______________________________________ Respondent.
Index
|
SI No |
Annx |
Particulars of Documents |
Pages |
|
1 |
|
Court Fees |
[I] |
|
2 |
|
Memo of Parties |
1 |
|
3 |
|
OA |
2 |
|
4 |
|
Affidavit |
|
|
5 |
A-1 |
|
|
|
6 |
A-2 |
|
|
|
7 |
A-3 |
|
|
|
8 |
A-4 |
|
|
|
9 |
|
Power of Attorney |
|
(Name of Place) Applicant
______ Through, Advocate
Annexure – A
High Court of ________________
Appellate Side
Receipt showing Court Fees Paid: OA No :______ of ____
_____________________________________
Versus
____________________________________
|
Particulars |
Amount |
|
Court Fees stamp on Memo |
|
|
Petition |
|
|
Enclosures |
|
|
Vakalatnama |
|
|
Process Fees |
|
|
Others |
|
|
Total |
|
Date :______
Signature of Receiving Clerk
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT _______________
O A No.:______ of ____
_______________________________________ Applicant
VERSUS
_______________________________________ Respondent.
Court Fees Rs. ___/
(Name of Place) Applicant
______ Through, Advocate
