ASHA ULHAS SARDESSAI Vs. PRAKASH NADKARNI AND ORS

JUDGEMENT

(1.) This appeal arises out of the judgment dated 12th August, 1987, whereby the learned Additional District Judge, Margao, held that the Civil Court has no jurisdiction to try the suit filed by the present appellant against the respondents and further ordered that the same suit be transferred to the Central Administrative Tribunal, Bombay under section 29 of the Central Administrative Tribunal Act.

(2.) The appellant has filed the said suit for a declaration that he was not liable to pay a sum of Rs. 1,343.35 p. or any other sum as sought to be deducted by the second respondent from her salary for the months of December, 1979 to May, 1980. for a mandatory injunction to be paid all her salary without such deduction and for a direction to get the payment of Rs. 5,000/- or any other sum as directed by the Court.

(3.) The suit was resisted by the defendants and a preliminary objection was raised as regards the jurisdiction of the Court in view of section 28 of the Central Administrative Tribunal Act. 1985. By the impugned judgment the learned Additional District Judge upheld the said objections and therefore, directed the suit to be transferred to the Central Administrative Tribunal, Bombay.