VIVEK RANJAN BISWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) IT appears that some litigants, and with respect if I may say so some lawyers, in spite of knowing that disputes between the employees of Union of India and the Union of India can only be decided by the Central Administrative Tribunal (CAT), yet, approach this Court under Article 226 of the Constitution of India.

(2.) IT is apposite, at this stage, to refer to para 99 of the Constitution Bench judgment of the Supreme Court in the case of L. Chandra Kumar Vs. Union of India and Ors. (1997) 3 SCC 261 and which reads as under:-

(3.) COUNSEL for the petitioners argues that this Court has all powers under Article 226 of the Constitution of India because existence of alternative remedy does not prevent the petitioners from approaching this Court. This argument in my opinion is specious to say the very least inasmuch as the Constitution Bench has made it clear that cases have to be filed in the first instance before the Tribunal constituted under the Act and not before this Court.