COUNCIL FOR ADVANCEMENT OF PEOPLES ACTION & RURAL TECHNOLOGY (CAPART) Vs. NATIONAL COMMISSION FOR SCHEDULED CASTES

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is filed by the employer Council for Advancement of People's Action and Rural Technology (CAPART) impugning certain communications to it and its officers by the respondent no.1/Commission being the National Commission for Scheduled Castes. The prayers made in this writ petition read as under: -

(2.) IT is the common case of all the parties, and which could not have been otherwise, that, parties are bound by the ratio of the judgment of the Supreme Court in the case of All India Indian Overseas Bank SC and ST Employees Welfare Association and Others Vs. Union of India and Others, 1996 6 SCC 606, and which judgment has been recently followed by the Supreme Court in the case of Bank of Patiala and Ors. Vs. Vinesh Kumar Bhasin, 2010 4 SCC 368, and the ratio of the aforesaid two cases is that the Commission which acts as per the limited particular powers by which it is constituted has no powers which are provided to issue directions or injunctions or compliance orders with respect to a particular employer/ employee i.e the power prescribed is only to investigate and enquire into matters within the jurisdiction of the commission and as specified under Article 338 of the Constitution of India.

(3.) IN view of the ratio of the aforesaid two judgments of the Supreme Court, counsel who appears for respondent no.1/Commission states that the Commission is not going to pass any direction or injunction or compliance order which will in any manner violate the ratio of the aforesaid two judgments of the Supreme Court, and it is stated that the respondent no.1/Commission will only investigate and enquire into the complaints which are within its jurisdiction under Article 338 of the Constitution of India and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter referred to as the 'Rules 1995').