JAGDISH PRASAD GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) BY means of these two petitions under Article 226 of the Constitution the petitioners have challenged validity of the order of the State Public Service Tribunal (1), Lucknow, dated 12-8-1977, dismissing the petitioners' claim petitions on the ground that it had no jurisdiction to decide the dispute raised by the petitioners.

(2.) THE petitioners were recruited in service as conductors and drivers' in the erstwhile U. P. Government Roadways, a transport undertaking run and maintained by the Transport Department of the State Government. The U. P. State Road Transport Corporation was set up in June, 1972 and the petitioners' services were placed on deputation with the Corporation. Since then, the petitioners have been continuing in service with the U. P. State Road Transport Corporation, hereinafter referred to as the Corporation. The petitioners' services were terminated by the Corporation by separate orders. The petitioners thereupon filed separate claim petitions before the U. P. Public Service Tribunal under Section 4 of the U. P. Public Service (Tribunal) Act, 1976, challenging validity of the orders terminating their services. The Corporation contested the reference and raised a preliminary objection that the reference petitions were not maintainable as the Tribunal had no jurisdiction to entertain the references or to grant any relief to the petitioners. The Tribunal by a common order dated 12-8-1977 upheld the objection and dismissed all the claim petitions on the preliminary ground of jurisdiction. Aggrieved, the petitioners have approached this Court under Article 226 of the Constitution.

(3.) THE U. P. Public Service Tribunals Act, 1976, hereinafter referred to as the Act, was enacted by the State Legislature providing for the constitution of Tribunals to adjudicate disputes in respect of matters relating to employment of public servants of the State. A Tribunal constituted under Section 3 of the Act has exclusive jurisdiction to hear and decide claims in respect of matters relating to employment of public servants, to the exclusion of civil Court's jurisdiction. Section 4 lays down that any public servant, or who has been a public servant may refer claim before the Tribunal in matters relating to employment on the grounds mentioned therein. The decision of the Tribunal is final, subject to the provisions of Articles 226 and 227 of the Constitution. The remedy provided by the Act is however, not available to all the public servants. Section 1 (4) lays down that Section 4 is not applicable to the class of public servants specified therein which include members of judicial service officers and servants of the High Court, members of the Secretariat staff of State Legislature, members of the staff of the State Public Service Commission and a workman as defined by the Industrial Disputes Act, 1947, or the U. P. Industrial Disputes Act 1947. Reference of a claim petition at the instance of the public servant falling within any of the aforesaid categories is not maintainable and the Tribunal has no jurisdiction to entertain or adjudicate the dispute raised by them.