ADMINISTRATION Vs. NADERKOYA

JUDGEMENT

(1.) WHETHER the Central Administrative Tribunal while giving the following directions has exceeded its jurisdiction conferred on it under S.14 of the Administrative Tribunals Act, 1985 and misconducted itself in ignoring its earlier orders some of which were confirmed by a Division Bench of this Court is the question posed. Following are the directions given by the Tribunal apart from various observations and findings contained in its order.

(2.) COUNSEL appearing for the Lakshadweep Administration Sri. S. Radhakrishnan submitted that the above mentioned directions are without jurisdiction and beyond the scope of S.14 of the Administrative Tribunals Act and also goes contrary to the previous orders passed by the Tribunal which were confirmed by this court.

(3.) THE up keep, maintenance and distribution of drinking water to the local residents of Agatti Island were originally undertaken by the P.W.D. Later it was entrusted to AVAM Society. Grants in aid was provided to meet the additional expenditure. From the year 1996 onwards AVAM Society and the Society used to manage the Scheme. Society was meeting the expenditure for distributing the drinking water. Later Island Councils were brought into existence as per the Island Councils Act. Island Councils were abolished as the Lakshadweep Island Regulation 1988 was repealed by S.88 of the Lakshadweep Panchayat Regulation 1994 and during the year 1995 all the assets and liabilities of the Island Council, Agatti were transferred to Village (Dweep) Panchayat, Agatti. All the labourers under the programme of the up keep, maintenance and distribution of drinking water came under the Village (Dweep) Panchayat. The applicants are now under the service of Village (Dweep) Panchayat and their wages are being paid from the Panchayat Fund. The Union Territory Administration or the P.W.D. are not in any way connected with the engagement of the applicants under the AVAM Society or Island Council or Panchayat. The applicants had sought for regularisation of their services by the Union of India and the Administrator, even though they were appointed by the Chairman of the Island Council or Panchayat. They also wanted the Lakshadweep Administration to adopt the Department of Personnel and Training Casual Labourer (Grant of Temporary Status and Regularisation) Scheme 1993 and to prescribe it prospectively to the Panchayat for granting temporary status. Such a plea was raised by the applicants before the Tribunal and before this court on various occasions. O. A. No. 803 of 1995 was filed for the said relief which was disposed of directing the applicants therein to file representation before the authorities. Yet another application, O. A. No. 137 of 1998 was filed by the applicants for identical reliefs which was also disposed of by the Tribunal without granting relief but directed consideration of the representation. On similar relief, another set of applications O. A. No.9 of 1998 etc. were filed which were also disposed of with a direction to consider the request. O. A. No.839 of 1998 was also disposed of on similar lines. Later another set of employees approached the Tribunal in O. A. No.497 of 1999 claiming identical reliefs which was rejected holding that they are not the employees of Union Territory of Lakshadweep and the Tribunal has no jurisdiction to grant the reliefs prayed for. Writ Petition O. P. No. 18246 of 2002, 26144 of 2000, 33390 of 2000 and 12301 of 2002 were filed before this court and they are pending consideration. Earlier two other applications O. A. Nos. 1297 and 218 of 1998 were filed before the Tribunal claiming identical reliefs. Matter was considered by the Tribunal elaborately and the Tribunal held as follows: