LAWS(CAL)-2011-4-6

KENDRIYA VIDYALAYA SANGATHAN Vs. SHRI PREM NARAYAN PANDEY

Decided On April 29, 2011
JOINT COMMISSIONER Appellant
V/S
PREM NARAYAN PANDEY Respondents

JUDGEMENT

(1.) Heard the learned advocates appearing for the respective parties.

(2.) Writ application W.P.C.T. No.310 of 2008 has been filed assailing the order of learned Central Administrative Tribunal adjudicating a service dispute raised by one employee of Kendriya Vidyalaya Sangathan against Kendriya Vidyalaya Sangathan, a society registered under the Societies Registration Act, 1860. In course of hearing the Court felt that the questions as framed below, for effective adjudication of the matter, as the answers of those questions may go to the root of the matter regarding jurisdiction of Central Administrative Tribunal to decide service dispute of any employee of the Society registered under the Society Registration Act and is controlled by the Central Government, though the jurisdiction issue of the Tribunal was not raised by the present writ petitioner or by the respondent employee, should be dealt with and as such this Court exercising its power under Article 226 of the Constitution of India, has set up following questions as additional points for decision, on giving full opportunity of hearing to the respective parties before us. The Court has power to frame the questions as additional points having regard to the judgement of the Apex Court passed in the case V. K. Majhotra v. Union of India, 2003 8 SCC 40 paragraph 8, a judgement of two Judges Bench and the judgement passed in the case Som. Mittal v. Government of Karnataka, 2008 3 SCC 574, a judgement of three Judges Bench, paragraph 11 of the report. -

(3.) On the said canvass, we framed the following questions: