STATE OF HIMACHAL PRADESH Vs. LAXMAN DASS MANDOTRA

JUDGEMENT

(1.) Interlocutory Application No. 2 is allowed and the appeal is taken on board. We have heard learned counsel on both sides.

(2.) This appeal is by the State of Himachal Pradesh and is directed against the interlocutory order dated 16-4-1993 of the Division Bench in CWP No. 74 of 1993. The State Government is stated to have made an order repatriating some of its employees in the Directorate of Food and Supplies H. P. , who were serving on the establishment of the Consumer Dispute Redressal Commission. The order reads:

(3.) This order was made absolute by the subsequent order dated 16-4-1993. The contention of the State is that this service dispute was cognizable by the administrative Tribunal in the State and that the High Court's jurisdiction was excluded. It is urged that despite the preliminary specific objection raised in regard to jurisdiction, the High Court without deciding or even so much as adverting to it made the entire order absolute. It is urged that the High Court sought to exercise a jurisdiction in an area where it had none. Learned counsel for the respondent was not able to support the order or justify the exercise of jurisdiction by the High Court.