VIJAY SINGH Vs. STATE OF M P

JUDGEMENT

(1.) UNDER Section 4 (2) of the Administrative Tribunals Act, 1985, for short, the Act, Central Government has issued Notification No. A-11013/44/86-AT dated 29-6-1988 establishing Madhya Pradesh State Administrative tribunal with effect from 2-8-1988, notifying further therein that the said date shall be the "appointed days" within the meaning of Clause (c) of Section 3 of the Act. By a separate Notification, No. F. A. 4-8-1988-XLIX-1, dated 29-8-1988, in exercise of powers under Section 5 (8) of the Act, the State Government has specified "jabalpur as the place where the Principal seat of the Tribunal shall ordinarily sit". It is this later notification of which validity is seriously challenged in this matter.

(2.) BE it noted in this connection that the Act was amended on 25-3-1986, though under Section 1 (2) of the Amending Act it was contemplated that the provisions of the said Act would be deemed to have came into force on 22nd day of January, 1986 unless otherwise provided elsewhere therein. Old sub-section (7) of Section 5 was 4 substituted by new sub-sections (7) and (8) which read as follows :

(3.) THE Amending Act aforesaid, also made alterations in, among others, sections 28 and 29. As per amended Section 28, "no Court except (a) the Supreme court ; or (b) any Industrial Tribunal, Labour Court or other authority constituted under the Industrial Disputes Act, 1947 or any other corresponding law for the time being in force, shall have, or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such recruitment or such service matters". However, we extract sub-section (1) of Section 29 in extenso: