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Judgment Search Results Home  Phrase:administrative tribunals act 1985  Page:7

Dec 15 1995

District Livestock Farm Vs. P. Muthiah and 64 Ors.

  • Decided on : 15-Dec-1995

Court : Chennai

Reported in : (1996)ILLJ872Mad; (1996)IMLJ331

... Administrative Tribunals Act, 1985, Central Act 13 of 1985 and after the constitution of the Tamil Nadu Administrative Tribunal with effect from 1988, under Section 15 of the Administrative Tribunals Act, by virtue of Section 28 of the said Act, the jurisdiction conferred under Article 226 of the Constitution of India, on this Court to deal with service matters of the Government servants, is excluded.12(A). Section 28 of the Act ... 'service matters' in view of the provisions contained in the Administrative Tribunals Act, 1985. Affirming the judgment of K.M. Natarajan J., the Division Bench held that this Court has no jurisdiction to entertain a petition under Article 226 of the Constitution and the remedy of the Government is approach the Administrative Tribunal.15. Paras 6 and 8 in the aforesaid ... of S. 2(b) of the Act, as it stood originally and under S. 28 of the Act after the amendment introduced by Act 19 of 1986. The jurisdiction of this Court under Art. 226 having been taken away, the absence of any specific provision by way of appeal or revision to the Administrative Tribunal against the order passed by ... such, the Tamil Nadu Administrative Tribunal, constituted under the said Act with effect from 1988, will have jurisdiction and this Court cannot exercise its jurisdiction under Article 226 of the Constitution, That apart, as these writ petitions were not pending proceedings before this Court at the time when the Tribunal was constituted, Section 29 of the Act does not apply ...

Jan 05 1990

Chairman, Railway Recruitment Board Vs. S. Ruban Peter and others

  • Decided on : 05-Jan-1990

Court : Chennai

Reported in : (1991)IILLJ92Mad

... of eligibility for appointment, by itself, does not amount to recruitment as understood in service law'. The Full Bench said : 'The Administrative Tribunals Act, 1985 was enacted as 'an Act to provide for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts .......' and ... of India to deal 'service matters' after the coming into force of the Administrative Tribunals Act, 1985 (hereinafter called the Act, for short) with effect from 1st November, 1985 and in particular as to 'who' are the persons who are required to approach only the 'Tribunal' for the adjudication of disputes concerning their services and to whom the ... Administrative Tribunal only. Argued the learned Counsel, that the Tribunal has been constituted under the Act as a complete and effective substitute of the Courts including the High Court exercising its writ jurisdiction and therefore such 'persons' cannot approach the High Court for redressal of their grievance after 1st November, 1985 and they must seek relief only from the Tribunal set up under the Act ... Article 323-A (supra), the Parliament passed the Act and the Central Government notified the same to come into force with effect from 1st November, 1985. 5. The preamble of the Act reads as follows : 'An Act to provide for the adjudication or trial by Administrative Tribunal of disputes and complaints with respect to recruitment and ...

Apr 14 1995

Rajendranagar Municipality rep. by its Commissioner Vs. B.V. Perraju a ...

  • Decided on : 14-Apr-1995

Court : Andhra Pradesh

Reported in : 1995(2)ALT320

... claims instead of approaching the Administrative Tribunal established under Section 4 of the Administrative Tribunals Act, 1985, approached a wrong forum, namely, the Labour Court under Section 33-C(2) of the Industrial Disputes Act having a limited jurisdiction, and having due regard to the provisions of the Administrative Tribunals Act, the Labour Court had no ... the Administrative Tribunals Act, 1985. It came into force with effect from 27-2-1985 with Amendment Act 19/86 and Amendment Act 51/87. The Preamble of the Act includes the Members appointed in any legal authority (which should include Municipalities).Section 2 of the said Act while making the provisions of the Act not ... Administrative Tribunals Act, 1985:-Mr. Gopal G. Naik, the learned Advocate for the petitioner appears to have receded from such contentions under first point. However, his endeavour has not abated as respondent No. 1 in all the cases as employees of the municipality to press their service claims instead of approaching the Administrative Tribunal established under Section 4 of the Administrative Tribunals Act, 1985 ... Act. He may be right in thinking, but wrong in the postulations. His stream of ideas flows from certain premises of the Administrative Tribunals Act, 1985. It came into force with effect from 27-2-1985 with Amendment Act 19/86 and Amendment Act 51/87. The Preamble of the Act includes the Members appointed in any legal authority (which should include Municipalities).Section 2 of the said Act ...

May 12 2006

Gurbaksh Singh Vs. The G.M., Western Railway and Ors.

  • Decided on : 12-May-2006

Court : Delhi

Reported in : 129(2006)DLT598; 2006(90)DRJ317; 2007(1)SLJ440(Delhi)

... Tribunal are different and separate. The two powers are distinct. The Tribunal after deciding and adjudicating a review application cannot re-examine or recall its earlier order in entirety but has limited power of review as specified in Section 22(iiif) of the Administrative Tribunal Act, 1985 (See in this regard Gupabandhu Bidwar v. Krishan Chandra Mohanty : [1998]2SCR1108 ).Power of review granted to a Tribunal ... permissible in law, he may do so. The writ petition stands dismissed.9. The petitioner thereafter approached the Tribunal by way of an application under Section 22 of the Administrative Tribunal's Act, 1985 and Rule 17 of the Central Administrative Tribunal(Procedure) Rules, 1987. In this application again the plea of double jeopardy was taken and it was ... Administrative Tribunal's Act, 1985 and Rule 17 of the Central Administrative Tribunal(Procedure) Rules, 1987. In this application again the plea of double jeopardy was taken and it was stated that the second charge sheet related to same period for unauthorised absence for which penalty of reversion had been earlier imposed. It was also contended in the application that the learned Tribunal ... for setting aside of orders passed by the learned Central Administrative Tribunal dated 21st July, 1997. In the writ petition the following prayers have been made:(i)Issue appropriate writ in the nature of certiorari and set -aside the impugned order of the Central Administrative Tribunal dated 27th May, 2003 by which the R.A. No. ...

May 05 2000

Public Services Tribunal Bar Association Vs. State of U.P. and Ors.

  • Decided on : 05-May-2000

Court : Allahabad

Reported in : (2000)3UPLBEC2553

... Administrative Tribunals Act it appears that the application to the Tribunal is subject to other provisions of the Act. It is significant that Section 14 of the Administrative Tribunals Act, 1985 deals with jurisdiction, powers and authority of the Tribunal. From a perusal of the above provision of the Administrative Tribunals Act it is crystal clear that the Administrative Tribunal ... Tribunal under the State Act should be withdrawn and an appropriate Tribunal under the Administrative Tribunals Act, 1985 should be set up.16. Thereafter, in 1992 the U.P. Public Services (Tribunals) (Amendment) Act (U.P. Act No. 7 of 1992) was promulgated amending drastically the provisions of the original Act. Only one Tribunal with separate Division and Single Member Benches replaced the several Tribunals constituted under the original Act ... Tribunal under the Administrative Tribunals Act, 1985 should be set up.16. Thereafter, in 1992 the U.P. Public Services (Tribunals) (Amendment) Act (U.P. Act No. 7 of 1992) was promulgated amending drastically the provisions of the original Act. Only one Tribunal with separate Division and Single Member Benches replaced the several Tribunals constituted under the original Act. According to Section 3(2) of the Amending Act the Tribunal ...

Feb 22 1989

R. Subbureddy Vs. The Union of India (UOI), owning Southern Railway by ...

  • Decided on : 22-Feb-1989

Court : Chennai

Reported in : (1989)1MLJ229

... the proper forum is Central Administrative Tribunal after its constitution under the Administrative Tribunals Act, 1985. In this connection, he also drew my attention to the fact that after the constitution of the Central Administrative Tribunal, the very same petitioner has filed a transfer Application No. 299 of 1986 invoking the jurisdiction of the Central Administrative Tribunal in a suit filed ... Central Administrative Tribunal's order. He contends that this Court has got jurisdiction to dispose of this writ petition and that the same need not be transferred.5. For appreciating the respective contentions of both the parties, it is worthwhile to quote the relevant provisions of the Administrative Tribunals Act, 1985. Section 3(q) of the Act defines ... Administrative Tribunal, Allahabad, while dealing with the jurisdiction of the Administrative Tribunal under Section 28 of the Act, observed as follows:In view of the amended provisions of Act XIII of 1985, we are of the opinion that as Clause (b) of Section 2 barring the jurisdiction of the Central Administrative Tribunal in respect of the persons governed by I.D. Act ... the Central Administrative Tribunal, or Labour Court in respect of service, matters of the employees of the Central Government, the contention raised by Sri Ashok Mohily cannot be accepted. As the Central Administrative Tribunal was not in existence in 1976 and Section 28 of Act XIII of 1985 specifically saves the jurisdiction of the Central Administrative Tribunal in ...

Jul 22 2013

UNION OF INDIA & ORS. Vs. KULDEEP KUMAR SHARMA

  • Decided on : 22-Jul-2013

Court : Delhi

... 19 of the Administrative Tribunals Act, 1985 before the Central Administrative Tribunal, Principal Bench, New Delhi seeking issuance of directions to the Government to review the designation, pay-scales and recruitment qualifications of the posts in EDP cell of BSF in terms of the Office Memorandum dated September 11, 1989. Vide order dated July 16, 1999 the Tribunal allowed the aforesaid ... fully satisfied that the respondents cannot be held to have contumaciously and willfully disobeyed the Tribunals order, requiring further action to be initiated for punishing them under the provisions of the Contempt of Courts Act, 1971 read with Section 17 of the Administrative Tribunals Act, 1985. It is relevant to note that the tentative seniority list issued by the respondents ... supra).23. Aggrieved by the impugned judgment dated August 31, 2010 passed by the Tribunal the Government has filed the present petition under Article 226 of the Constitution of India.24. Section 21 of the Administrative Tribunals Act, 1985 reads as under:21. Limitation (1) A Tribunal shall not admit an application(a) in a case where a final order such ... of India & Ors. decided on March 07, 2011, the Supreme Court made following pertinent observations regarding Section 21 of the Administrative Tribunals Act, 1985:A reading of the plain language of the above reproduced section makes it clear that the Tribunal cannot admit an application unless the same is made within the time specified in clauses (a) and (b) of ...

Sep 25 2014

Madras Bar Association Vs. Union of India & Anr.

  • Decided on : 25-Sep-2014

Court : Supreme Court of India

... Administrative Tribunals Act, 1985, which came up for consideration in L. Chandra Kumar case (supra), the tribunals constituted under the said Act, are to act like courts of first instance. All decisions of the tribunal are amenable to challenge under Articles 226/227 of the Constitution before, a division bench of the jurisdictional High Court. In such circumstances it is apparent, that tribunals under the Administrative Tribunals Act, 1985 ... tribunals. 8.64 Even the experiment of setting up of the Administrative Tribunals under the Administrative Tribunals Act, 1985, has not been widely welcomed. Its members have been selected from all kinds of services including the Indian Police Service. The decision of the State Administrative Tribunals ... administration and political interference in [pic].judicial functioning. For these and other reasons, the quality of justice is stated to have suffered and the cause of expedition is not found to have been served by the establishment of such tribunals. 8.64 Even the experiment of setting up of the Administrative Tribunals under the Administrative Tribunals Act, 1985 ...

Jul 11 2001

The Accountant-General (A and E), Karnataka, Bangalore and others Vs. ...

  • Decided on : 11-Jul-2001

Court : Karnataka

Reported in : 2001(5)KarLJ537

... Administrative Tribunal for a State or a Joint Administrative Tribunal for two or more States, as a reference to the Advocate-General of the State or any of the States for which such Tribunal has been established'. 17. Section 17 of the Act of 1985 thus provides that wherever the words 'High Court' occurs, the word 'Tribunal' has to be read for the purpose of Administrative Tribunals Act, 1985 ... Administrative Tribunal for two or more States, as a reference to the Advocate-General of the State or any of the States for which such Tribunal has been established'. 17. Section 17 of the Act of 1985 thus provides that wherever the words 'High Court' occurs, the word 'Tribunal' has to be read for the purpose of Administrative Tribunals Act, 1985. Under the Contempt of Courts Act ... temporary status and re-employment.15. Counsels for the parties have been heard at length.16. Parliament enacted Administrative Tribunals Act, 1985 (for short, 'the Act of 1985'), to provide for the adjudication or trial by the Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and ... Administrative Tribunals Act, 1985. Under the Contempt of Courts Act, a right to file the appeal is provided. Where the order or decision is that of the Single Judge to a Bench of not less than two Judges of the Court and where the order or decision is that of a Bench to the Supreme Court of India. Section 19 of the Contempt of Courts Act ...

May 29 1990

M.P. Siddananjappa Vs. State of Karnataka

  • Decided on : 29-May-1990

Court : Karnataka

Reported in : ILR1990KAR2116; 1990(2)KarLJ177

... Administrative Tribunals Act, 1985, providing for the Constitution of Administrative Tribunals for the Union and for the States. The relevant provision of the Act which confers jurisdiction on the State Tribunals and excludes the jurisdiction of all Courts except that of the Supreme Court and Industrial Courts read:-'15. JURISDICTION, POWERS AND AUTHORITY OF STATE ADMINISTRATIVE TRIBUNALS: (1) Save as otherwise expressly provided in this Act, the Administrative Tribunal ... of the Writ Petition. The Administrative Tribunals Act, 1985, has been enacted by the Parliament pursuant to Article 323-A of the Constitution. Under the said Act, an Administrative Tribunal has been constituted for this State called the Karnataka Administrative Tribunal. Therefore, in view of Clause ... Tribunals.(3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.'8. The Parliament enacted the Administrative Tribunals Act, 1985, providing for the Constitution of Administrative Tribunals for the Union and for the States. The relevant provision of the Act which confers jurisdiction on the State Tribunals ... 323-A of the Constitution pursuant to which the Administrative Tribunals Act, 1985 was enacted reads:-'323-A. Administrative Tribunals:-(1) Parliament may, by law, provide for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and ...

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