GANGANARUSAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) At the stage of admission, Sri S.R. Nayak, learned Government Advocate, is directed to lake notice for the respondents. As the appeal involves a short question and as it is also covered by decisions of the Supreme Court, it is admitted and heard for final disposal.

(2.) This appeal is preferred against the order dated 2nd July, 1992, passed in Writ Petition No. 11284 of 1992 [Ganganarasaiah v State of Kamataka and Others, 1992(3) Kar. L.J. 519] by the learned Single Judge who has taken a view that the jurisdiction of this court under Article 226 of the Constitution is excluded having regard to the provisions contained in Sections 15 and 28 of the Administrative Tribunals Act, 1985 which is passed by the Parliament pursuant to Article 323-A of the Constitution of India.

(3.) It is not necessary to consider the contentions urged in the appeal, afresh because the Supreme Court in Union of India and Others v Deep Chand Pandey and Another, reported in 1992 AIR SCW 3429, has held that even in respect of a person who is appointed on daily-wage basis provisions of the Administrative Tribunals Act are attracted and he has to invoke the jurisdiction of the Administrative Tribunal in the event his service on daily-wages is affected in any manner. Relevant portion of the judgment of the Supreme Court in the above case is as follows: