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Judgment Search Results Home > Cases Phrase: administrative tribunals act 1985 Page 7 of about 109,083 results (0.188 seconds)

Jan 28 2002 (HC)

Smt. R. Manjula and anr. Vs. the Principal Secretary to Government, Re ...

Court : Andhra Pradesh

Reported in : 2002(3)ALD648; 2002(1)ALT523

..... -a of the constitution. the act itself was enacted in the express terms of article 323-a of the constitution. the ..... punish for contempt) and authority which may be exercised by each of the said tribunals; (c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals; (d) ..... (e) ..... (f) ..... (g) ..... the parliament enacted the administrative tribunals act, 1985 (act 13 of 1985) (for short 'the act') pursuant to the power conferred upon it by clause (1) of article 323 ..... act was intended to set up of such administrative tribunals to deal exclusively with service matters to reduce .....

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Apr 09 2001 (HC)

R. Bhaskara Rao and Another Vs. Hyderabad Metropolitan Water Supply an ...

Court : Andhra Pradesh

Reported in : 2001(3)ALD289; 2001(3)ALT88

..... deputy general manager (engineering). the writ petition has been filed directly in the high court without the intervention of the andhra pradesh administrative tribunal. petitioners plead that since they are challenging the very provisions of the administrative tribunals act, 1985 (hereinafter referred to as 'the tribunals act') as also its inapplicability, they need not resort to alternative remedy. reliance is placed on the judgment of the supreme court ..... tribunals act came to be questioned in several high courts as also in supreme court directly and all the matters were consolidated and were ..... central and state services and to pave the way, had enacted constitution (forty-second amendment) act, 1976 whereby article 323-a was inserted. the said article empowers the parliament to enact a law creating a separate judicial forum to resolve the disputes regarding service matters. administrative tribunals act, 1985 is one of such acts in that direction. the validity of the said constitution provision and the .....

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Mar 16 2001 (HC)

M. Radhakrishna Murthy Vs. Govt. of A.P. and Others

Court : Andhra Pradesh

Reported in : 2001(3)ALD330

..... rule 1 cpc vis-a-vis the power of the administrative tribunal to entertain an application under section 19 of the administrative tribunals act, 1985.2. the petitioner before us was the original applicant before the learned tribunal in oa no.3381 of 2000. in his application under section 19 of the administrative tribunals act, he prayed the tribunal to set aside the memo no.6582/ c4/2000, ..... issue involved in this matter.....'6. mr. lakshmi narasimha, learned counsel appearing on behalf of the petitioner, inter alia, submitted that having regard to the provisions of the administrative tribunals act, the power of withdrawal of an application is an unconditional one. he would urge further that in view of the provisions under sub-sections (3) and (4) of ..... section 19 of the administrative tribunals act, the petitioner is entitled to withdraw his application as no cause of action survives since the petitioner is no longer aggrieved by any order which was required to be ..... code of civil procedure,1908 stricto sensu are not applicable in the proceedings initiated under section 19 of the administrative tribunals act, the general principles contained therein may be found applicable. section 22 of the administrative tribunals act categorically states that the tribunal shall have power to regulate its own procedure and it shall not be bound by the provisions laid down .....

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Mar 03 2003 (HC)

V.V. Sita Jayaram Vs. Board of Management of South Central Railway Adm ...

Court : Andhra Pradesh

Reported in : 2003(5)ALD30; 2003(4)ALT545

..... such grievance and claim for relief is founded, this grievance requires to be urged and adjudicated, in the first instance, the central administrative tribunal in exercise of the jurisdiction inhering in such tribunal under section 14 of the administrative tribunals act, 1985 (for short 'the act') in view of the decision of the supreme court in l. chandra kumar v. union of india, : [1997]228itr725(sc) . this court ..... has no jurisdiction, in view of the law declared in the above cited decision, to enter up the adjudication of the matters falling within the jurisdiction of the tribunals under the act ..... . in the first instance, the petitioner is, consequently relegated to pursue her remedies before the central administrative tribunal, if so she desires. it is, however, made clear that merely because the petitioner is claiming that her case should be .....

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Oct 03 2001 (HC)

D.V.R.S.G. Dattatreyulu Vs. Ex-officio Principal Secretary, Government ...

Court : Andhra Pradesh

Reported in : 2001(6)ALD816; 2002(1)ALT23; [2002(93)FLR19]

..... . 5. mr. chaudhary, learned senior counsel appearing on behalf of the petitioner, would submit that having regard to the phraseology used in section 11(e) of the administrative tribunals act, 1985 (hereinafter referred to as 'the act' for thesake of brevity), the holder of a post of male member in the a.p. state consumer disputes redressal commission being not a servant of the state ..... , which is in the following terms: 'after examining the recommendation of the said committee, government have observed that under section 11(e) of the administrative tribunals act, 1985 a member (other than the chairman or vice-chairman of any tribunal) on ceasing to hold office shall not be eligible for any other employment either under government of india or under the state government. as such ..... s.b. sinha, c.j. 1. the question as regards interpretation of section 11(e) of the administrative tribunals act, 1985 arises for consideration in this writ application. 2. the petitioner is aggrieved by an order dated 10-4-2001 issued by the registrar, andhra pradesh state consumer disputes redressal commission ..... advocate from 1962 to 1973. he was appointed as district and sessions judge in the year 1985. he had also worked as presiding office of labour courts and the chairman of state transport appellant tribunal. he upon his superannuation worked as judicial member of the central administrative tribunal and retired as such on 25-1-2001. 4. pursuant to a notification dated 1-12 .....

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Apr 09 2002 (HC)

Shambhu Dayal Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2002(2)AWC1686; 2002(147)ELT35(All); [2002(94)FLR878]; (2002)2UPLBEC1501

..... has prayed for quashing the panel prepared for the post of vice-chairman in various benches of the central administrative tribunal (hereinafter referred to as c.a.t).section 6(2) of the administrative tribunals act, 1985, states : 'a person shall not be qualified for appointment as the vice-chairman unless he is or has ..... do not want to say anything about vice-chairman and members dealt with in subsection (2), (3) or (3a) of section 6 of the administrative tribunals act.'20. since the hon'ble supreme court has specifically stated that it does not want to say anything in this matter, we cannot interpret the observation ..... shall be made from amongst the persons referred to in section 6(2)(b) or (bb) or from the administrative members referred to in section 6(2)(c) of the administrative tribunals act except in stop gap arrangement for a short period.27. as regard mrs. lakshmi swaminathan, it has been stated in ..... the petitioner may not be able to get the names and addresses of such persons and hence it would be convenient if the chairman, central administrative tribunal, new delhi, is directed to serve all such vice-chairmen by special messenger including respondent nos. 4, 5 and 6.copy of this ..... constitutional importance in our country.3. the petitioner has challenged the panel prepared for the posts of vice-chairman in various branches of the central administrative tribunal in india and he has prayed for preparation of a fresh panel.4. in this case on 25.2.2002, we passed the following .....

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Oct 18 1995 (SC)

Krishan Prasad Gupta Vs. Controller, Printing and Stationery

Court : Supreme Court of India

Reported in : AIR1996SC408; JT1995(7)SC522; 1996LabIC90; (1996)ILLJ296SC; 1995(6)SCALE89; (1996)1SCC69; [1995]Supp4SCR436; 1996(1)LC43(SC); (1996)1UPLBEC174

..... give to the short question 'whether the appeals pending in the court of the district judge under section 17 of the payment of wages act, were liable to be transferred to the administrative tribunals under section 29 of the administrative tribunals act, 1985 for disposal on merits or the jurisdiction of the authority under section 15 and that of the district judge under section 17 of the ..... payment of wages act to hear and decide claim cases and appeals, respectively remain undisturbed.'2. the appellant was an employee of the respondent. on november ..... , therefore, is irresistible that the 'authority' constituted under section 15 and the appellate authority under section 17 of the payment of wages act, fall within the exception indicated in section 28 of the administrative tribunal act and this act, namely, payment of wages act, is positively covered by the connotation 'corresponding law' used in that section. consequently, the jurisdiction of the authority to entertain and decide .....

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May 12 1995 (SC)

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

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

..... 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') as suggested by it and had not made the appointments after selection by a high powered selection committee as direction by the court. they stated that ..... 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, which excluded the jurisdiction of the high courts, was inconsistent with ..... chairman, 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 given for introducing ..... test of constitutionality as being within the ambit and coverage of clause (2)(d) of article 323a, only if it can be shown that the administrative tribunals set up under the impugned act is equally efficacious as the high court so far as the power of judicial review over service matter is concerned. we must, therefore, address ourselves .....

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Apr 16 2002 (SC)

Pradeep Kumar Biswas and ors. Vs. Indian Institute of Chemical Biology ...

Court : Supreme Court of India

Reported in : 2002(50)BLJR1197; JT2002(4)SC146; 2002(3)SCALE638; (2002)5SCC111; [2002]3SCR100; (2002)2UPLBEC1798

..... appellants on a notification dated 31.10.1986 issued in exercise of the powers conferred by sub-section (2) of section 14 of the administrative tribunals act, 1985 whereby the provisions of sub-section(3) of section 14 of the said act have been made applicable to the council of scientific and industrial research, 'being the societyowned or controlled by government'. on point of fact ..... coup de grace to the already attenuated decision in sabhajit tewary . on 31st october 1986 in exercise of the powers conferred by sub-section (2) of section 14 of the administrative tribunals act, 1985, the central government specified 17th november 1986 as the date on and from which the provisions of sub-section (3) of section 14 of the ..... its employees. 62. we cannot accept this. reading article 323(a) of theconst. (sic) section 14 of the 1985 act it is clear that no notification under section 14(2) of the administrative tribunals act could have been issued by the central government unless the employees of the csir were either appointed to public services and posts in connection with the affairs of the ..... respect of csir, the consequence will be that an application would lie at the instance of the appellants at least before the administrativetribunal. no new jurisdiction was created in the administrative tribunal. the notification which was issued by the central government merely served to shift the service disputes of the employees of csir from the constitutional jurisdiction of the high court under .....

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Aug 25 1998 (SC)

Dr. Duryodhan Sahu and ors. Etc. Etc. Vs. Jitendra Kumar Mishra and or ...

Court : Supreme Court of India

Reported in : 1998VIAD(SC)417; AIR1999SC114; 87(1999)CLT86(SC); 1998(3)CTC97; JT1998(5)SC645; (1998)IILLJ1013SC; 1998(4)SCALE643; (1998)7SCC273; [1998]Supp1SCR77; 1999(1)SLJ205(SC); 1998AIRSCC3467

..... on 15.02.96 before a bench of two judges. the bench passed the following order:-'whether a public interest litigation can be entertained by the administrative tribunal under section 19 of the administrative tribunals act, 1985 is the question raised by the appellant-state of orissa and ors? section 19, inter alia, provides that a person aggrieved by any order pertaining ..... m. srinivasan, j.1. leave granted.2. two questions have arisen for decision (1) whether an administrative tribunal constituted under administrative tribunals act, 1985 (hereinafter referred to as the 'act') can entertain a public interest litigation and (ii) whether on the facts of this case the tribunal has exceeded its jurisdiction in passing the impugned order?3. the facts are as follows:the petitioner, in ..... to any matter within the jurisdiction of a tribunal may make an application to the tribunal for redressal of his grievance. prima facie, it appears that a public interest ..... filed by the respondents cannot be considered to be quo warranto.21. in the result, we answer the first question in the negative and hold that the administrative tribunal constituted under the act cannot entertain a public interest litigation at the instance of a total stranger.22. turning to the second question, even the facts set out by us .....

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