How to request CAT tribunal to review its decision or order
5 months ago
We had an ongoing case in CAT tribunal. The decision was pronounced on 7th November and the order was in our favour, asking the respondents to consider appointment from back date. However,
1. the order does not specify any time limit for the respondents to comply with the order.
2. Also, the order did not provide us relief on litigation costs (this was a specific relief sought in the petition) 3. We had also requested a monetary compensation for stress and also ensure that the decision creates a deterrance to discourage future offences of similar nature. (this was a specific relief sought in the petition).
I would appreciate if you can provide me following information: 1. How best can I request the tribunal to relook at the order and include a timeline for compliance. Will that need a repeat hearing of the case? 2. Can we also request the tribunal in the same application to review the decision regarding cost and compensation? Thanks for the reply. Regards.
To request the CAT tribunal to relook at the order and include a timeline for compliance, you can file a review application under Section 22(3)(f) of the Administrative Tribunals Act, 1985. Emphasize the need for timely compliance to avoid further delays or complications in the execution of the order. Typically, parties dissatisfied with certain aspects of a tribunal's decision can file an application for review. Clearly articulate the grounds for seeking a review, such as the omission of relief on litigation costs and the denial of monetary compensation for stress. Regarding the decision on litigation costs and compensation, you can also request the tribunal to review these aspects in the same application. A repeat hearing may not be necessary for every modification or clarification. In many cases, specific issues can be addressed through applications for clarification or review. You must file a clarification application or a review application within 30 days of the date of the order. If you miss this deadline, you may be able to apply for an extension of time, but the tribunal is not obligated to grant an extension.
As prescribed under Rule 17(1) of the CAT (Procedure) Rules, 1987, no application for review shall be entertained unless it is filed within 30 days from the date of receipt of the order sought to be reviewed. The Tribunal may accept a review petition when a glaring omission or patent mistake or like grave error has crept in earlier order by judicial fallibility. When a review takes place, the Tribunal will not take fresh stock of the case but just correct grave errors that have resulted in the miscarriage of justice. The orders of CATl may be challenged by way of Writ Petition under Article 226/227 of the Constitution if there is an irregularity or illegality in the order before the respective High Court in whose territorial jurisdiction the Bench of the Tribunal is situated. As regards the order awarding cost of litigation or compensation that exclusively depends upon the discretion of the Tribunal and even it is prayed for, you cannot claim it as a matter of right.
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