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

Jun 22 1993

Dr. Usha Narwariya Vs. State of M.P. and Ors.

  • Decided on : 22-Jun-1993

Court : Madhya Pradesh

Reported in : (1994)IILLJ252MP; 1993(0)MPLJ969

... submitting that Section 14 read with Section 28 of the Administrative Tribunal Act, 1985 (hereinafter referred to as 'the Tribunals Act' for short), excluded the jurisdiction of the High Court and the appropriate forum before which the two petitioners should have raised their grievances was of the State Administrative Tribunal duly established and functioning in the State of Madhya Pradesh ... of the Constitution and the relevant provisions of the Administrative Tribunals Act, 1985, because in the course of this order, we would be required to refer to these provisions time and again:Constitution of India'323A. Administrative Tribunals.- (1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to ... Act having been enacted pursuant to the powers conferred on the Parliament by Article 323A of the Constitution of India.7. The abovesaid is the glimpse of the background in which the issue had to be placed before us.8. To begin with, let us notice Article 323A of the Constitution and the relevant provisions of the Administrative Tribunals Act, 1985 ... of the order of, such 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.'XXX XXX XXXAdministrative Tribunals Act, 1985:Preamble: 'An Act to provide for the adjudication or trial by Administrative Tribunals of disputes and complaints ...

Jun 25 1993

Moti Marry Vs. Superintendent, Lady Elgin Hospital and Ors.

  • Decided on : 25-Jun-1993

Court : Madhya Pradesh

Reported in : 1993(0)MPLJ628

... Administrative Tribunals Act, 1985 (hereinafter referred to as the Act) and held that the jurisdiction of the first Appellate Court for dealing with this appeal after remand has been taken away and conferred on the State Administrative Tribunal, Jabalpur. The learned Judge therefore transferred the appeal to the said Tribunal for decision in accordance with law.3. When the record of the appeal went to the learned Administrative Tribunal ... Act. There was therefore no legal impediment in remanding the appeal to the lower appellate Court for recording evidence and deciding the same thereafter. (ii) As regards Question No. (2):-- Bar created by Section 28 of the Administrative Tribunals Act, 1985 is the bar to invoke jurisdiction of Civil Courts in service matters from the date the Administrative Tribunal under the said Act ... Administrative Tribunals Act, 1985 and kept outside the jurisdiction of the Administrative Tribunal because of the proviso to Section 29(1) of the said Act, power of this Court to pass any order on the said appeal including the order of remand under Order 41, Rule 27 or Rule 28, Civil Procedure Code also remains unaffected by the provisions of the said Act ... 29 of the Administrative Tribunals Act, 1985 would include proceedings remanded by High Court, in its appellate jurisdiction, to Civil Courts subordinate to it after the establishment of the Tribunal? (2) Whether bar on jurisdiction imposed on Civil Courts contained in Section 28 of the Act of 1985 shall apply ...

May 16 1996

Dr. M.C. Sharma, Lecturer Vs. The Punjab University, Chandigarh and ot ...

  • Decided on : 16-May-1996

Court : Punjab and Haryana

Reported in : AIR1997P& H87

... Administrative Tribunals Act, 1985 read with clause 2(d) of Art. 323 of the Constitution.85. It is, therefore, to be seen whether we are required to adjudicate any service matter which falls within the purview of the Administrative Tribunals Act, 1985. Section 3(g) of the said Act defines what is service matter. It reads as follows:--'In this Act ... Administrative Tribunal constituted under the Administrative Tribunals Act. 1985, has no jurisdiction over the Punjab University and it cannot declare the Regulation of the University as not binding on the U.T. Administration on the ground of its invalidity nor can it strike down the regulation as unconstitutional. The Punjab University cannot be made a party before the Central Administrative Tribunal. The Tribunal ... Administrative Tribunal Act, the present writ petition was not maintainable as the employees of the respondent-Union Territory Administration, as the petitioners, are subject to the jurisdiction of the Central Administrative Tribunal; and(ii) Secondly, that as the petitioners have asked for a mere declaration no relief can be granted to them under the provisions of Article 226 of the Constitution of India.11. The Cental Administrative Tribunal Act, 1985 ... Territory Administration they should approach the Central Administrative Tribunal constituted under the Administrative Tribunals Act, 1985 (hereinafter called the Act) for the redressal of their grievances and that in view of the bar contained in Section 28 of the Act, the ...

Feb 05 2003

P. Lal Vs. Union of India (UOI) and Ors.

  • Decided on : 05-Feb-2003

Court : Supreme

Reported in : AIR2003SC1499; 2003(3)ALLMR(SC)1180; [2003(96)FLR1188]; JT2003(1)SC649; (2003)IILLJ164SC; 2003(1)SCALE644; (2003)3SCC393; [2003]1SCR846; 2003(2)SLJ1(SC); (2003)1UPLBEC878

... Administrative Tribunals Act, 1985, the Tribunal exercises such jurisdiction as was exercised by the Courts earlier. He submitted that it is settled legal position that the Court only protect legal rights. He submitted that mere expectations or accidental windfalls do not give any right and Courts would not protect claims based on expectations or accidental windfalls. He submitted that Section 19 of the Administrative Tribunal Act ... the Government in accepting the request for withdrawal of voluntary retirement. He submitted that the Central Administrative Tribunal had no jurisdiction to entertain the Petition filed by the Appellant. He submitted that under Section 14 of the Administrative Tribunals Act, 1985, the Tribunal exercises such jurisdiction as was exercised by the Courts earlier. He submitted that it is ... and Courts would not protect claims based on expectations or accidental windfalls. He submitted that Section 19 of the Administrative Tribunal Act provides that it is only a 'person aggrieved' who can file an application before the Tribunal. In support of his submission he relied upon the cases of Thammanna v. K. Veera Reddy : [1981] ... the impugned judgment have become final as against Respondent No. 3. Even otherwise, we see no substance in these submissions. 22. Section 3(q) of the Administrative Tribunals Act defines 'service matters' as follows: '(q) 'service matters', in relation to a person, means all matters relating to the conditions of his service in connection ...

Mar 18 1997

L. Chandra Kumar Vs. Union of India and others

  • Decided on : 18-Mar-1997

Court : Supreme

Reported in : AIR1997SC1125; 1997(1)BLJR735; (1997)1CALLT55(SC); 83(1997)CLT815(SC); 1997(92)ELT318(SC); [1997]228ITR725(SC); JT1997(3)SC589; 1997(1)MPLJ621; 1997(I)OLR(SC)408; 1997(3)SC

... Administrative Tribunals Act, 1985 (Act 13 of 1985) [hereinafter referred to as 'the Act']. The Statement of Objects and Reasons of the Act indicates that it was in the express terms of Article 323A of the Constitution and was being enacted because a large number of cases relating to service matters were pending before various Courts; it was expected that 'the setting up of such Administrative Tribunals ... 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, 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 are not appealable except under Article 136 ... matters of administration and political interference in 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, ... in the first matter before us, C.A. No. 481 of 1989, where the challenge is to the validity of Section 5(6) of the Administrative Tribunals Act, 1985. After analysing the relevant constitutional provisions and the circumstances which led to the decision in Sampath Kumar's case, the referring Bench reached the conclusion ...

Dec 09 1986

S.P. Sampath Kumar and Ors. Vs. Union of India (UOI) and Ors.

  • Decided on : 09-Dec-1986

Court : Supreme

Reported in : AIR1987SC386a; 1989(20)LC146(SC); 1987(27)ELT1(SC); JT1986(1)SC996; (1987)ILLJ128SC; 1986(2)SCALE960; (1987)1SCC124; [1987]1SCR435; 1987(1)SLJ1(SC); 1987(1)LC191(SC)

... 226 and 227 of the Constitution in service matters specified in Section 218 of the Administrative Tribunals Act, 1985 (hereinafter referred to as the impugned Act) and the vesting of exclusive jurisdiction in such service matters in the Administrative Tribunal to be constituted under the impugned Act, subject to an exception in favour of the jurisdiction of this Court under Articles 32 and ... of the Administrative Tribunals Act, 1985, (hereinafter referred to as 'the Act') in an application under Article 32 of the Constitution and the other connected matters has been referred to the Constitution Bench for adjudication. Indisputably the Act has been framed within the ambit of Article 323 A which was brought into the Constitution by the Forty-Second Amendment Act in 1976 ... of the impugned Act are to be sustained. So far as rest of the points dealt with in the judgment of Ranganath Misra, J. are concerned, I express my entire agreement with the view taken by him. Ranganath Misra J9. The challenge raised to the vires of the Administrative Tribunals Act, 1985, (hereinafter referred to as 'the Act') in an ... of the Administrative Tribunal cannot be severed from the other provisions contained in the impugned Act. 7. That takes me to another serious infirmity in the provisions of the impugned Act in regard to the mode of appointment of the Chairman, Vice-Chairman and members of the Administrative Tribunal. So far as the appointment of judicial members of the Administrative Tribunal is ...

Oct 15 1997

Union of India and another Vs. S.K. Sareen

  • Decided on : 15-Oct-1997

Court : Supreme

Reported in : AIR1997SC3951; JT1997(8)SC410; 1997(6)SCALE384; (1998)1SCC177; (1997)3UPLBEC2131

... Administrative Tribunal are within the purview of the Administrative Tribunals Act, 1985, whereas the employees of High Court are excluded from the purview of Central Administrative Tribunal under Section 2(c) of the Administrative Tribunals Act, 1985. This shows that the employees of High Courts stand on an entirely different footing from those coming within the purview of the Central administrative Tribunal.(iii) High Courts have wide jurisdiction whereas the jurisdiction of Central Administrative Tribunal ... parity between Central Administrative Tribunal and the Central Secretariat Service and High Courts.(ii) The employees of Central Administrative Tribunal are within the purview of the Administrative Tribunals Act, 1985, whereas the employees of High Court are excluded from the purview of Central Administrative Tribunal under Section 2(c) of the Administrative Tribunals Act, 1985. This ... Administrative Tribunal are governed by the Central Administrative Tribunal (Staff Conditions of Service) Rules, 1985 notified by the Central Govt. in exercise of the powers conferred by clause (b) of Section 36 of the Administrative Tribunals Act, 1985. Under Rule 3 thereof, the nature and categories of the officers and other employees of the Tribunal ... hoc basis from 12.8.1981 and was selected for the post of Private Secretary in the Central Administrative Tribunal on deputation with effect from 1.11.1985. He was absorbed there on 1.11.1989. In the Central Secretariat rules for promotion to ...

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 ... by 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 ...

Aug 17 2010

State of West Bengal. Vs. Subhas Kumar Chatterjee And Ors.

  • Decided on : 17-Aug-2010

Court : Supreme

... by Clause (1) of Article 323-A of the Constitution, Parliament enacted Administrative Tribunals Act, 1985. The Statement of Objects and Reasons of the Act, indicates that it was being enacted to provide for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of ... tribunals that are empowered to examine service disputes on merits. Such delegation of power apart from being illegal and unconstitutional amounts to avoidance of constitutional duties and functions to decide such disputes which are exclusively entrusted to them by law. In pursuance of the power conferred upon it by Clause (1) of Article 323-A of the Constitution, Parliament enacted Administrative Tribunals Act, 1985 ... by the Administrative Tribunal adopted a very peculiar reason which in our considered opinion is totally untenable and unsustainable in law. The High Court took the view that "the Tribunal, in exercise of its power under Article 226 read with Section 19 of the Central Administrative Tribunals Act, has delegated rather ... Tribunals. Sections 14, 15 and 16 deal with the jurisdiction, powers and authority of the Central Administrative Tribunals, the State Administrative Tribunals and the Joint Administrative Tribunals respectively. The Tribunals under the Act possess jurisdiction and powers of every other court in the country except the jurisdiction of the Supreme Court, in respect of all service related matters. The Administrative Tribunals ...

Jul 04 2011

Rajendra Pandurang Pagare And Ors. Vs. The State of Maharashtra And Or ...

  • Decided on : 04-Jul-2011

Court : Mumbai - Aurangabad

... available to them, as their fundamental rights have been affected. We would presently advert to these judgements. 05. While considering whether Administrative Tribunals constituted under the Administrative Tribunals Act, 1985 are empowered to adjudicate on the vires of statutory provisions or consider whether there is a breach of any fundamental rights guaranteed ... file an application before the Administrative Tribunal, under Section 15 of the Administrative Tribunals Act. Counsel therefore, submitted that the writ petitions ought to be dismissed in limine. 04. Mr. Mantri, the learned Counsel for the petitioners, contended that the petitioners should not be driven to approach the Administrative Tribunal at this stage, because ... Court should not entertain any petitions pertaining to service matters, as envisaged under the Administrative Tribunals Act, and the parties must be relegated to the Tribunal. In our opinion, the petitioners ought to have, therefore, approached the Administrative Tribunal in the first instance, rather than invoking this court's extra-ordinary jurisdiction. ... Tribunal concerned. Section 5(6) of the Act is valid and constitutional and is to be interpreted in the manner we have indicated. " 06. In our opinion, therefore, there can be no manner of doubt that the only remedy available to the petitioners was to file an application before the Maharashtra Administrative Tribunal under the aforesaid Act. The petitioners had ample opportunity to approach the Tribunal ...

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