R.K. YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel Mr. Nishant Krishan Yadav for the petitioners, learned Additional Solicitor General Ms. Archana Pathak Dave for Union of India and its authoritiesrespondent Nos. 2 and 3, assisted by learned advocate on record Mr. Amrish Kumar and other advocates.

(2.) Invoking the jurisdiction of this Court under Article 32 of the Constitution and seeking to assert the Fundamental Rights under Articles 14 and 16 of the Constitution in the subject of fixation of pay scales, the petitioners have advanced in the present petition, the following principal prayers,

(3.) It is the case of the petitioners that they were appointed as Presiding Officers of the Central Government Industrial Tribunals-cum-Labour Courts[Hereinafter, "CGIT-cum-LCs".], functioning at New Delhi and Hyderabad respectively. It was contended that the tribunals which they presided over were the Union Courts/Tribunals within the meaning of Article 247 read with Article 323-B of the Constitution. It was submitted that other tribunals, such as the Central Administrative Tribunal, Income Tax Appellate Tribunal, Railway Claims Tribunal, Debt Recovery Tribunal, the Foreign Exchange Maintenance Authority, Company Law Board , etc., are also tribunals within the purview of Articles 247, 323-A, and 323-B of the Constitution.