KENDRIYA VIDYALAYA SANGATHAN Vs. PRAVEEN KUMAR

JUDGEMENT

(1.) Praveen Kumar, who was employed as a watchman with the petitioner-Kendriya Vidalaya Sangahthan (hereinafter referred to as "KVS") since 29th October 1982 raised an industrial dispute, contending that his services had been unjustly terminated, by the KVS, on 23rd May 1992. The Ministry of Labour referred the said dispute, for adjudication, to the Industrial Tribunal (hereinafter referred to as "the Tribunal"), vide letter dated 05th September 1997. The term of reference read thus:

(2.) Among other issues, KVS questioned the jurisdiction, of the Tribunal, to adjudicate on the matter. KVS contended that the appropriate forum, to adjudicate thereon, was the Central Administrative Tribunal (hereinafter referred to as "CAT"), and that, therefore, the Industrial Tribunal was coram non judice. The learned Tribunal rejected the said contention, relying on Krishan Prasad Gupta v. Controller, Printing and Stationery, 1996 AIR(SC) 408. On merits, the termination, of the services of the respondent, by KVS, was held to be unjustified and, consequently, the respondent was directed to be reinstated in service with 50% back wages, with effect from 23rd May 1992 i.e. the date of his termination. Failure to comply with the award, within a month from publication thereof, it was directed, would entail 6% interest per annum on the back wages.

(3.) Kvs challenged the aforementioned award, dated 16th July 2004, before this Court, by means of the present writ petition. The writ petition does not assail the impugned award on merits, and confines its challenge to the issue of jurisdiction, reiterating that the Tribunal was incompetent to hear and adjudicate on the issue, which lay within the province of jurisdiction of the CAT.