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

May 06 2008

Telecom District Manager and Ors. Vs. Keshab Deb

  • Decided on : 06-May-2008

Court : Supreme Court of India

Reported in : 2008(4)AWC3365(SC); [2008(118)FLR376]; JT2008(7)SC257; (2009)ILLJ733SC; (2008)8SCC402; 2009(1)SLJ382(SC); 2008AIRSCW4106; 2008(8)SCC402

... Administrative Tribunals Act, 1985 the writ petition was not maintainable. A learned Single Judge of the High Court while transferring the petition to the Central Administrative Tribunal, Guwahati Bench, noticed the said submission in the following terms:4. At the outset, Mr. S.N. Chetia raised a preliminary objection regarding maintainability of this writ petition in view of the provision of Section 14 of the Administrative Tribunals Act, 1985 ... Administrative Tribunal.vi) Having regard to Section 28 of the Administrative Tribunals Act, 1985 the only remedy of the respondent was to file an appropriate application before an Industrial Court.10. Mrs. K. Sarada Devi, learned Counsel appearing on behalf of the respondent, on the other hand, submitted:i) Appellants themselves having contended that the Central Administrative Tribunal ... Administrative Tribunal, however, opined that the order of termination passed by the appellant was illegal, relying on and on the basis of the decision of this Court in Shankar Dass v. Union of India and Anr. : (1985)IILLJ184SC opining as under:In our view the respondents while resorting to the impugned action acted ...

Mar 12 1998

Government of Andhra Pradesh Vs. D. Siva Prasad & Ors.

  • Decided on : 12-Mar-1998

Court : Andhra Pradesh

Reported in : 1998(2)ALD699; 1998(2)ALT542

... Administrative Tribunals Act, 1985, the object behind in issuing the letter dated 26-12-1994 and the comparative qualifications of the three respondents namely respondents 3 to 5 and the petitioner and the principles enunciated in the authorities relied on by both the parties.17. Section 6 of the Administrative Tribunals Act, 1985 deals about qualification of appointment of Chairman, Vice-Chairman of other Members of the Tribunal ... Administrative Tribunals Act, 1985 observed that any person being qualified to be a judge of the High Court, his appointment cannot be challenged on the ground that he has crossed the age fixed for the retirement of a High Court Judge. On facts this decision and other decisions relied upon by Sri Raghumm have no application.25. While interpreting Sec.8 of the Administrative Tribunals Act, 1985 ... Tribunal whose functions are judicial in nature. The qualifications and other relevant factors were not objectively evaluated in this case in making appointments. According to him the appointment and selection, if any, in this case is quite arbitrary and contrary to Sections 6 and 8 of the Administrative Tribunals Act, 1985 (for short the Tribunals Act ... , the Supreme Court while dealing with the appointment of Vice-Chairman of the Central Administrative Tribunal who crossed the age fixed for retirement of a High Court Judge and dealing with Sec.6 of the Administrative Tribunals Act, 1985 observed that any person being qualified to be a judge of the High Court ...

Aug 01 1997

The General Manager, Southern Railway and Ors. Vs. The Industrial Trib ...

  • Decided on : 01-Aug-1997

Court : Chennai

Reported in : (1998)1MLJ121

... constitutional provision under Article 323-A, the Parliament enacted Central Administrative Tribunals Act, 1985 and conferred the powers of the High Court under Article 226 of the Constitution to the Central Administrative Tribunal. Pur-suant to the said Act and Article 323-A of the Constitution, the Administrative Tribunal came into being and exercised the jurisdiction of the High ... the Central Administrative Tribunal has held that the employer employee relationship exists and remanded the matter to the Industrial Tribunal to find out whether the management has terminated the workmen violating the provisions of Sections 25-F and 25-N of the Industrial Disputes Act. Mr. Gnanadesikan vehemently contended that the administrative Tribunal Act excludes jurisdiction of ... and 25-N of the Industrial Disputes Act. Mr. Gnanadesikan vehemently contended that the administrative Tribunal Act excludes jurisdiction of all courts except Supreme Court in dealing with Service matters, subsequently, by Amendment Act 19 of 86 apart from other sections, Section 28 was also amended. The said Amendment Act received the assent of the ... the Industrial Tribunal to find out whether the management has terminated the workmen violating the provisions of Sections 25-F and 25-N of the Industrial Disputes Act. Mr. Gnanadesikan vehemently contended that the administrative Tribunal Act excludes jurisdiction of all courts except Supreme Court in dealing with Service matters, subsequently, by Amendment Act 19 ...

Feb 22 2010

Panduronga Timblo Industries, A Partnership firm duly registered under ...

  • Decided on : 22-Feb-2010

Court : Mumbai

... 1985 SC 817 Vinitkumar v. Mangal Sain Wdhera : (2002) 2 SCC 256 - Om Parakash Gupta v. Ranbir B. Goyal.9. At the outset, it is necessary to explore the genesis of the Rent Controller and, thereafter, the Administrative Tribunal, Goa whose orders are questioned in this petition. Admittedly, the Eviction Applications were moved under the provisions of Section 22 of the Act ... Tribunal, the Appellate Board or the Administrative Tribunal in all enquiries, appeals and proceedings under the said Act in the following words:Section 44 - Procedure - (1) Subject to the provisions of this Act, the procedure to be followed by the Controller, the Rent Tribunal, the Appellate Board, or the Administrative Tribunal in all inquiries, appeals and proceedings under this Act ... Act delineates and circumscribes the procedure to be followed by the Controller, the Rent Tribunal, the Appellate Board or the Administrative Tribunal in all enquiries, appeals and proceedings under the said Act in the following words:Section 44 - Procedure - (1) Subject to the provisions of this Act, the procedure to be followed by the Controller, the Rent Tribunal, the Appellate Board, or the Administrative Tribunal ...

May 12 1995

Sarwan Singh Lamba and others Vs. Union of India and others

  • Decided on : 12-May-1995

Court : Supreme Court of India

Reported in : AIR1995SC1729; 1995(43)BLJR1295; JT1995(5)SC386; 1995(3)SCALE457; (1995)4SCC546; [1995]Supp1SCR427; 1995(3)SLJ72(SC); (1995)2UPLBEC1215

... Act of 1987 followed the judgment of this Court in S.P. Sampath Kumar's case (supra) in which certain infirmities were pointed out in the Administrative Tribunals Act, 1985, (hereinafter referred to as 'the Act') and certain directions were given for introducing legislation to cure those defects. What this Court was required to consider in that case was whether Constitution of the Administrative Tribunals under the Act ... Administrative Tribunal (in short 'SAT') as well as the appointments of the Vice-Chairman and Members of the Tribunal as the Government had not complied with the direction of this Court given in the case of S.P. Sampath Kumar v. Union of India : (1987)ILLJ128SC to amend the Administrative Tribunals Act, 1985 (hereinafter alluded to as 'the Act ... Vice-Chairman and Members of the Tribunal as prescribed by the amendment of 1987 is valid? The Amendment Act of 1987 followed the judgment of this Court in S.P. Sampath Kumar's case (supra) in which certain infirmities were pointed out in the Administrative Tribunals Act, 1985, (hereinafter referred to as 'the Act') and certain directions were ... vested in the Administrative Tribunal, the same independence from the possibility of executive pressure or influence must also be ensured to the Chairman and members of the Administrative Tribunal. Or else the Administrative Tribunal would cease to be equally effective and efficacious substitute for the High Court and the provisions of the impugned Act would be rendered invalid. ...

Jan 10 1957

Aidal Singh and Ors. Vs. Karan Singh and Ors.

  • Decided on : 10-Jan-1957

Court : Allahabad

Reported in : AIR1957All414

... 227 judicial and administrative power of superintendence over courts and tribunals throughout their territories was also conferred upon them.The provisions of Articles 226 and 227 could have been very well incorporated in one Article but since the power of judicial and administrative superintendence over subordinate Courts had been separately mentioned in the various Government of India Acts, the same ... by the simpler procedure of Judicial orders by the Administration of Justice (Miscellaneous Provisions) Act. Thus after the year 1933 the Supreme Court in England does not issue prerogative writs but issues orders with the same object and in exercise of the power of superintendence over inferior courts and tribunals and other officials.The point to be noted here ... and tribunals throughout the territories in relation to which it exercises jurisdic-tion.'Clauses (2) and (3) of the said Article relate to certain administrative powers which the High Court is empowered to exercise over all Courts and tribunals throughout the territories in relation to which it exercises jurisdiction. Clause (4) of the said Article exempts Courts or tribunals ... It is control merely over the outer judicial working of bodies and not over their inner administrative machinery.It is a power which apart from Courts tribunals, the High Court also exercises over the Government and other bodies over which it has no administrative control. This is the power conferred under Article 226. In the above case it ...

Aug 14 1984

Staff. Supdt. of State Bank of Patiala Vs. The Presiding Officer, Cent ...

  • Decided on : 14-Aug-1984

Court : Delhi

Reported in : ILR1985Delhi863; (1985)IILLJ440bDel

... position as follows : 1. A reference under S. 10(1) of the Act is an administrative act, it is neither a judicial order nor a quasi judicial order. 2. A reference can be made to a Tribunal without notice to the concerned parties. 3. If a dispute is referred to a Tribunal, thereafter the Government is functus-officio. 4. But if the Government refused to ... J. 215. 2. M/s. Escorts Limited. v. Industrial Tribunal Haryana 1983 Lab. I.C. 223. 3. Indian Telephone Industries Limited v. State of Karnataka and other 1978-I L.L.J. 544. 17. All these accept (i) that the power to refer dispute under S. 10(1) of the Act is an administrative act; (ii) they however, hold that it has civil consequences ... in accordance with the Industrial Disputes Act, without recording reasons or having material before it, the said reference is invalid. 3. The Tribunal acted illegally in setting aside the termination of service of the workman. 4. Even if termination of service was validly set aside compensation, and not reinstatement, was the proper relief to be awarded. 5. The Tribunal exceeded its jurisdiction in ... in accordance with the Industrial Disputes Act without recording reasons or having material before it, the said reference is invalid. 3. The Tribunal acted illegally in setting aside the termination of service of the workman. 4. Even if termination of service was validly set aside compensation, and not reinstatement was the proper relief to be awarded. 5. The Tribunal exceeded its jurisdiction in ...

Jul 25 2003

Shri C. Raman Reddy Vs. Assistant Commissioner Of Income

  • Decided on : 25-Jul-2003

Court : Income Tax Appellate Tribunal (ITAT) - Bangalore

Reported in : (2004)268ITR49(Bang.)

... that of the Tribunal. It is also clear that the scope for judicial scrutiny of an administrative action in contra distinction to the scrutiny of a quasi-judicial action, is very limited. It is noteworthy that the Hon'ble High Court described or treated the search proceedings as an administrative act. Actually search ... appeal of the assessee pertains to the Block Period from 1.4.1985 to 5.12.1995. and challenges the order dt. 28.1.1997 of the Asst. Commissioner of Income Tax passed under section 158BC of the Income Tax Act, by adding various additions and disallowance, as erroneous. This appeal ... exercised administratively, thus reversing the decision of the Hon'ble A.P. High Court.17.3 A mere look at sub-section (1) of section 255 of the Income-tax Act, 1961 shows that it is the administrative function of the President to constitute Benches from amongst the members of the Tribunal ... Act.17.5 It cannot be said that when none of the Benches of the Tribunal had made any reference by judicial order, the President of the Tribunal was not competent to constitute a Special Bench. It may be stated that Special Benches can be constituted by the President both in exercise of his administrative ... Tribunal cannot substitute its wisdom, or bases on its appreciation of fact, decide whether such P.O. should have been issued or not. What can be appealed before the tribunal is the order passed u/s 158 BC (c), which should be within the time limit prescribed u/s 158 BE and not the administrative act ...

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 ...

Aug 22 1990

M.B. Majumdar Vs. Union of India

  • Decided on : 22-Aug-1990

Court : Supreme Court of India

Reported in : AIR1990SC2263; JT1990(3)SC655; (1991)IILLJ585bSC; 1990(2)SCALE345; (1990)4SCC501; [1990]3SCR946; 1990(2)LC709(SC); (1991)1UPLBEC1

... Act 1976 enabling the setting up of Administrative Tribunals and Tribunals for other matters by legislative enactments.3. The Central Administrative Tribunal has been constituted under Section 4 of the Administrative Tribunals Act, 1985 (hereinafter referred to as 'the Act') with a Chairman, Vice-Chairmen and Members-judicial and administrative. The qualifications for appointment of Chairman, Vice-Chairmen or other Members are prescribed by Section 6 of the Act ... Administrative Tribunal. It is for this purpose that the Administrative Tribunals Act, 1985 has been enacted and Section 28 therein excludes the jurisdiction of all courts except the Supreme Court or any Industrial Tribunal, Labour Court or other authority constituted under the Industrial Disputes Act, 1947 or any other corresponding law for the time being in force in relation to matters which the Administrative Tribunal is empowered to adjudicate. The Act ... Administrative Tribunal. It is, therefore, the law enacted by the Parliament constituting the Administrative Tribunal which has to be first seen for the purpose of ascertaining the real nature and status of the Tribunal and the persons constituting it. There is no ambiguity in the provisions of the Administrative Tribunals Act, 1985 and the exact status and service conditions of the Chairman, Vice-Chairman and Members of the Administrative Tribunal ...

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