(1.) Table of Contents
(2.) This appeal arises from a judgment of the Orissa High Court dtd. 7/6/2021 in a batch of writ petitions challenging the abolition of the Odisha Administrative Tribunal.["OAT"] Before setting out the facts which gave rise to the issues in this appeal, it is necessary to understand the context in which they arose.
(3.) Parliament inserted Part XIV-A of the Constitution of India by the Constitution (Forty-second Amendment) Act 1976. Part XIV-A consists of two articles, Articles 323A and 323B. Article 323A empowers Parliament to provide for the adjudication of certain disputes by administrative tribunals. Disputes concerning the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government, may be adjudicated by administrative tribunals. Article 323B empowers the legislatures of states to provide for the adjudication of certain disputes (enumerated in clause 2 of Article 323B) by tribunals.
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