2019 (7) TMI 1231

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....t Employee's Union & Anr. Vs. Union of India & Ors and the order dated 27.09.2018 passed in Review Application No.6/2018. Brief facts of the case are that the present Original Application was filed before the Tribunal on behalf of the Association of the Casual Labours of the Income Tax Department for the enhancement of daily wages from 1.1.2006 as per the recommendations of the 6th Central Pay Commission. They further prayed for the payment of interest @ 12% for the period of delay. Reply was filed by the respondents and after meeting the preliminary objections, the Tribunal examined the matter in view of Rule 7 of the Central Administrative Tribunal Rules of Practice, 1993. For brevity, the same is reproduced as under:- "Production of ....

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....f record of OA No.290/00329/15. It appears that the applicant Association filed instant OAs without consenting its members and President of the applicant No.1 Association suo motu signed authorization on their behalf. As such, the President of the Association created a lot of unnecessary controversy. In these circumstances, after giving my thoughtful consideration to the conduct of the applicant No.1 that he inter-alia tried to misuse the provisions of the Act & Rules made for larger benefits of the aggrieved persons and consequently, prejudiced the cause of other bonafide persons. Therefore, I deem it appropriate to impose a cost of Rs. 50,000/- on Mr. Jagdish Solanki, President, Income-tax Contingent Employee's Union, Jodhpur who signed....

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.... made clear that after producing receipt of aforesaid cost, he can approach this Tribunal. (iv). Certified copy of this order be placed in all connected matters." After passing the order dated 24.08.2018, a review petition was filed and the same was also dismissed vide order dated 27.09.2018. By way of filing the present writ petition, a challenge has been made to the orders dated 24.08.2018 and 27.09.2018 passed by the Tribunal. Mr. T.C. Gupta, learned counsel appearing for the petitioner has vehemently argued that the members of the association have authorised the President by way of a resolution Annexure-6 annexed with the writ petition to prosecute their cause before the Courts of law. The members of the association have resolved t....