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Search Results Judgments > Act:ADMINISTRATIVE TRIBUNALS ACT, 1985 Page:7

Sep 22 1998

Marathwada Sarvashramik Sangathan Vs. The State of Maharashtra & other ...

  • Decided on : 22-Sep-1998

Court : Mumbai

Reported in : 1999(3)ALLMR65; 1999(2)BomCR209; [1999(81)FLR452]; (1999)IILLJ226Bom; 1999(3)MhLj37

... Administrative Tribunal under the Administrative Tribunals Act, 1985. We, therefore, direct the Additional Registrar (Judicial) to transfer this petition to the Maharashtra Administrative Tribunal, Bench at Aurangabad and the same may be subject to the payment of fresh Court fees, if any.7. The Government Pleader may take a note of this judgment and take suitable steps to get the similarly placed pending matters transferred to the Maharashtra Administrative Tribunal ... over the orders passed by the Administrative Tribunals constituted under the Administrative Tribunals Act, 1985. The Supreme Court, has inter alia, held that the jurisdiction of the High Court under Article 226 of the Constitution of India remains in tact and the orders passed by the Administrative Tribunals are appealable by filing a writ ... Administrative Tribunals are appealable by filing a writ petition under Article 226 of the Constitution of India before a Division Bench of the High Court. In fact, by this judgment, an additional appellate forum is available for the employees who are aggrieved by the orders passed by the Administrative Tribunals under the Administrative Tribunals Act, 1985 ... of the power and jurisdiction under Article 226 of the Constitution of India and the same is vested in the Administrative Tribunal constituted in that behalf under the Administrative Tribunals Act, 1985.4. Daily rated casual labourers are appointed by various departments of the State irrespective of the fact whether there are ...

Dec 01 2005

Jitendra Kumar Mittal Vs. Union Of India (Uoi) And Ors.

  • Decided on : 01-Dec-2005

Court : Central Administrative Tribunal (CAT) - Jaipur

Reported in : (2006)(1)SLJ393CAT

... Administrative Tribunals Act, 1985, as is clear from the following Paras.8. Now let me notice the relevant provisions of the Administrative Tribunals Act, 1985 and Rule 6 of the Central Administrative Tribunal (Procedure) Rules, 1987. Section 19(1) of the Administrative Tribunals Act reads as follows: 19. Applications to Tribunals.--(1) Subject to the other provisions of this Act a person aggrieved by any order pertaining to any matter within the jurisdiction of a Tribunal ... Administrative Tribunals Act, 1985 and Rule 6 of the Central Administrative Tribunal (Procedure) Rules, 1987. Section 19(1) of the Administrative Tribunals Act reads as follows: 19. Applications to Tribunals.--(1) Subject to the other provisions of this Act a person aggrieved by any order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal ... jurisdiction of this Tribunal. Thus, I am of the view that this Tribunal has got no jurisdiction to entertain this O. A. in view of the provisions contained in Section 19(1) of the Administrative Tribunals Act, 1985 read with Rule 6 of Central Administrative Tribunal (Procedure) Rules, ... Tribunal. As such, simply because the applicant has submitted application from Jaipur and he has received communication at Jaipur cannot constitute a part cause of action.6. That apart, as per provisions contained under Section 19(i) of the Administrative Tribunals Act, 1985 person aggrieved can maintain the application before this Tribunal ...

Jul 21 2000

Teresinha Coelho and Ors. Vs. Inacio Pio Jesus De Sa Or Inacio Sa

  • Decided on : 21-Jul-2000

Court : Mumbai

Reported in : 2002(2)ALLMR77

... Act being mandatory in nature, it cast a mandate upon the Mamlatdar to decide an issue and the Mundkar Act does not provide for any right of appeal or revision to the Appellate Authority or to the Administrative Tribunal under the said Act against a decision of Mamlatdar or Collector given under the provisions of section 32(2) of the said Act. Consequently, the Administrative Tribunal ... an interim order, passed by the Mamlatdar or the Collector under this Act, an appeal shall lie to the Collector or the Administrative Tribunal respectively, and the order of the Collector or the Administrative Tribunal, as the case may be, shall subject to revision if any, under section 25 of this Act, be final.' (j) The perusal of the aforesaid provision would show that ... right of the person f whose benefit the Act was enacted. 33. An appeal has been provided under section 24 of the Mundkar Act. Section 24 contemplates that the findings recorded by the Collector or the Administrative Tribunal, as the case may be, shall be subject to revision,if any, under section 25 of the Act and shall be final. If the second ... section 32(2) of the said Act. Consequently, the Administrative Tribunal allowed the revision and set aside the order of the learned Collector and restored the order of the Mamlatdar with directions to communicate his decision to the Civil Court. 4. The petitioners invoked the jurisdiction of this Court to assail the order of the Administrative Tribunal, Goa, dated 31st March. 1997 and ...

Apr 03 1997

Arun Moreshwar Patankar Vs. The State of Maharashtra and Ors.

  • Decided on : 03-Apr-1997

Court : Mumbai

Reported in : 1997(3)ALLMR562; 1997(4)BomCR473

... Administrative Tribunal, apart from the statutory requirement as provided in section 6(3A) of the Administrative Tribunals Act, 1985. Shri Singh in this behalf pointed out several judgments and contended that these so called administrative instructions are clearly contrary to the provisions regarding qualifications as found in section 6(3A) of the Administrative Tribunals Act, 1985 ... Administrative Tribunals Act, 1985. Shri Singh in this behalf pointed out several judgments and contended that these so called administrative instructions are clearly contrary to the provisions regarding qualifications as found in section 6(3A) of the Administrative Tribunals Act, 1985. Shri Singh then contended that on merits those instructions are clearly discriminatory between the judicial member and the administrative ... Tribunal or the Tribunal under the Customs Act can be referred to. When amendments to the Act are undertaken, this aspect of the matter deserves to be considered, particularly because the choice in that event would be wide leaving scope for proper selection to be made'.It is also relevant to notice that as a matter of fact in the subsequent amendment to the Administrative Tribunals Act, 1985 ...

Mar 19 2010

HRUSIKES SETHI AND ORS. Vs. STATE OF ORISSA AND ORS.

  • Decided on : 19-Mar-2010

Court : Orissa

... of brevity and better understanding, Section 15 of the Administrative Tribunals Act, 1985, hereinafter to be called as "the Act", in short, is quoted here-in- below:"15. Jurisdiction, powers and authority of State Administrative Tribunals: (1) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shall exercise, on and from ... Administrative Tribunals Act, 1985 was enacted and the same was adopted by the State of Orissa and of the Administrative Tribunal was constituted.From the date of constitution of such Tribunal, the jurisdiction of all Courts except Supreme Court under Article 136 with respect to the disputes and complaints referred to under clause-(1) of Section 15 have been vested with the State Administrative Tribunal ... with regard to maintainability of the writ petitions in view of Section 15 of the Administrative Tribunals Act, 1985. The said section deals with jurisdiction, powers and authority of State Administrative Tribunals and stipulates that Administrative Tribunals alone shall exercise, on and from the appointed day, all the jurisdiction, powers and authority ... Administrative Tribunal for a State shall not extend to, or be exercisable in relation to, any matter in relation to which the jurisdiction, powers and authority of the Central Administrative Tribunal extends or is exercisable."4. The moot question which arises for determination in these two writ petitions is, whether, after enactment of Administrative Tribunals Act, 1985 ...

Feb 28 2003

Smt. Rama Panigrahi Vs. State of Orissa and Ors.

  • Decided on : 28-Feb-2003

Court : Orissa

Reported in : 95(2003)CLT724; 2003(I)OLR438

... over. 4. Under Section 4 of the Administrative Tribunals Act, 1985, (hereinafter referred to as the 'Act' ), an Administrative Tribunal could be established. Section 4 (2) of the Act provides that on receipt of a request in this behalf from the State Government, the Central Government may establish an Administrative Tribunal for the State. Such a Tribunal on the request of the Government of Orissa, ... or transferred to the Orissa Administrative Tribunal and whether the Tribunal could exercise jurisdiction with respect to matters pending before this Court as on. 7.6.1994, the date of take over. 4. Under Section 4 of the Administrative Tribunals Act, 1985, (hereinafter referred to as the 'Act' ), an Administrative Tribunal could be established. Section 4 (2) of the Act provides that on receipt ... a Division Bench on 24.4.2002. 3. In terms of Section 15 of the Administrative Tribunals Act, 1985, an Administrative Tribunal for the State had been constituted to deal with matters specified in that Act. Any dispute relating to service was within the purview of that Tribunal. By virtue of the take over by the Government, the petitioner and opposite party ... opposite party No. 5 that the petitioner having become a Government servant and a separate Tribunal having been created for dealing with grievances like the one put forward by the writ petitioner in the writ petition, in terms of the Administrative Tribunals Act, this Court had lost its jurisdiction to deal with the writ petition or to grant ...

Mar 18 2008

Union of India (UOI) rep. by Shri Subirdutta, The Secretary to Governm ...

  • Decided on : 18-Mar-2008

Court : Chennai

Reported in : (2008)4MLJ521

... Contempt of Courts Act will have to be taken to mean the Tribunal, having regard to the fiction created under Section 17 of the Administrative Tribunals Act. If for the purpose of Section 19, the Tribunal is to be read into Section 19 by virtue of application of Section 17 of the Administrative Tribunals Act, as a corollary, as against any order of the Tribunal in a Contempt ... of the Administrative tribunal Act along with Section 19 of the Contempt of Courts Act we discern that wherever reference is made to the High Court in Section 19 of the Contempt of Courts Act will have to be taken to mean the Tribunal, having regard to the fiction created under Section 17 of the Administrative Tribunals Act. If for the purpose of Section 19, the Tribunal is ... respect of which separate avenue of Appeal has been provided under Section 17 of the Administrative Tribunals Act read along with Section 19 of the Contempt of Courts Act.7. In the light of Section 17 of the Administrative Tribunal Act r/w Section 19 of the Contempt of courts Act we hold that the remedy available to the petitioners as against the orders of ... 226/227, wherein any challenge is made to the orders of the Tribunal passed in the applications preferred under Section 14, 15 r/w 28 of the Administrative Tribunals Act, having regard to the specific provision contained in 17 of the Administrative Tribunals Act, read along with Section 19 of the Contempt of Courts Act, whatever held in Chandrakumar's case cannot be extended beyond ...

Nov 18 1986

Dr. Kshama Kapur Vs. Union of India (UOI)

  • Decided on : 18-Nov-1986

Court : Karnataka

Reported in : ILR1986KAR4007

... Writ Petitions, the following question of law arises for consideration :'Whether in view of Section 19 of the Administrative Tribunals Act, 1985 ('the Act' for short), an Administrative Tribunal constituted under Sub section (1) or (2) of Section 4 of the Act, has no jurisdiction to entertain applications regarding redressal of the grievances of civil servants of the Union ... the Tribunal has the jurisdiction to entertain applications in respect of grievances of civil servants in all service matters even in the absence of an order.7. In the result, I answer the question set out first as follows :'An Administrative Tribunal constituted under Subsection (1) or (2) of Section 4 of the Administrative Tribunals Act, 1985, has ... writ petition before this Court, the Act has come into force and a Central Administrative Tribunal has been constituted with effect from 1-11 1985 and a Bench of the Tribunal has also been established in the State of Karnataka. According to Section 14 of the Act, the Central Administrative Tribunal has exclusive jurisdiction to adjudicate upon disputes ... Administrative Tribunal has been constituted with effect from 1-11 1985 and a Bench of the Tribunal has also been established in the State of Karnataka. According to Section 14 of the Act, the Central Administrative Tribunal has exclusive jurisdiction to adjudicate upon disputes and complaints in respect of service matters as also matters relating to recruitment of civil servants of the Union. Section 28 of the Act ...

Jan 16 2004

Samarendra Das, Advocate Vs. The State of West Bengal and Ors.

  • Decided on : 16-Jan-2004

Court : Supreme Court of India

Reported in : 2004(4)ALT47(SC); (SCSuppl)2004(2)CHN76; JT2004(2)SC413; 2004(1)SCALE579; (2004)2SCC274; 2004(2)SLJ223(SC); (2004)2UPLBEC1609

... Administrative Tribunals Act 1985. At this point, we may mention that the West Bengal Administrative Tribunal has been established under Section 4(2) of Administrative Tribunals Act, 1985, which is also indicated by West Bengal Administrative Tribunal (Procedure) Rules, 1994. Hence, the present dispute regarding termination of service of Assistant Public Prosecutor came within the jurisdiction, power and authority of the Tribunal under Section 15 of Administrative Tribunals Act, 1985 ... Administrative Tribunals Act, 1985, which is also indicated by West Bengal Administrative Tribunal (Procedure) Rules, 1994. Hence, the present dispute regarding termination of service of Assistant Public Prosecutor came within the jurisdiction, power and authority of the Tribunal under Section 15 of Administrative Tribunals Act, 1985.7. Lastly, it may be mentioned that a radical change was introduced in the constitutional law relating to the Services by 42nd Constitutional Amendment Act ... all service matters concerning such posts shall fall within the jurisdiction, powers and authority of State Administrative Tribunals under Section 15 of the Administrative Tribunals Act, 1985. Further, the order of termination passed in the present matter also indicates that the ... post of APP was a Civil Post under Section 15 of the Administrative Tribunals Act, 1985, (hereinafter referred to for the sake and gravity 'the said Act, 1985').ARGUMENTS4. The petitioner appeared in person. The main contention before us ...

Jan 05 1987

Kaverappa Vs. District and Sessions Judge

  • Decided on : 05-Jan-1987

Court : Karnataka

Reported in : ILR1987KAR892

... Administrative Tribunal constituted under Section 4 of the Administrative Tribunals Act, 1985 ?Though the Learned Counsel for the petitioners as also the Learned Counsel for the State submitted that the question should be answered in the negative, in view of its constitutional importance I consider it appropriate to record my reasons for doing so.3. The Administrative Tribunals Act, 1985 (in short 'the Act ... Administrative Tribunals Act, 1985 (in short 'the Act') has been enacted by the Parliament pursuant to the authority given to it under Article 423-A of the Constitution of India. The Act provides for the constitution of an Administrative Tribunal for each State for adjudicating disputes and complaints of civil servants of the State. Accordingly, as provided under Section 4(2) of the Act, an Administrative Tribunal ... Administrative Tribunal. For these reasons, I answer the preliminary question as follows :'The jurisdiction of this Court to entertain Writ petitions preferred by the officers and servants of the subordinate courts and members of the judicial service has not been divested and is not vested in the State Administrative Tribunal constituted under Section 4 of the Administrative Tribunals Act, 1985 ...

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