UTPAL DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) The present original Application was taken - up for final disposal on August 17, 2000 before the Division Bench. Certain points of reference have been made for the decision of the Full Bench by the Division Bench. The order dated August 17, 2000 passed by the Division Bench is reproduced here -under: - OA -1647/91 17 -8 -2000 Present : Sh. K.D. Shreedhar, Advocate for the applicant. Sh. Rajinder Dogra, Advocate vice Shri J.R. Thakur, Advocate for respondent No. 2 Sh. Dalip Sharma, Advocate for respondent No. 3 Argument partly heard During the course of arguments it has been brought to the notice of the Tribunal that the State Government has issued a Notification dated August 5, 2000 under sub -section (2) of section 15 of the Administrative Tribunals Act, 1985 read with section 21 of General Clauses Act, 1897 rescinding the earlier notification issued on August 29, 1986 under Sub section (2) of section 15 of the Administrative Tribunal Act 1985. The Learned counsel for the parties have submitted that before the matter is heard on merits some important questions of law have arisen after the issuance of latest notification by the State Government as referred to above and it would be in the interest of Justice that the said propositions of law at first instance are referred to the decision of full Bench inasmuch as keeping in view of the importance of the matter involved. After hearing the learned counsel for the parties, the following points of reference are made for the decision of the full bench : - (i) Whether the State Government has got power under sub section (2) of section 15 of Administrative Tribunals Act 1985 read with Section 21 of General clauses Act 1897 to issue notification rescinding the earlier notification dated August 29, 1986 with immediate effect in public interest : (ii) If point of reference No. 1 is decided in affirmative what would be the effect of notification issued on August 5, 2000 as referred to above to the pending cases covered under the earlier Notification issued by the State Government under Sub -section (2) of section 15 of the Administrative Tribunals Act, 1985 on August 29, 1986. List before the Full Bench on August 31, 2000. ˜Dasti copy Sd/ - (A.L. Vaidya, J (Retd.) Chairman Sd/ - (V.K. Bhatnagar) Member (A) August 17, 2000

(2.) Before the aforesaid points of reference are taken -up for decision, two Notifications issued by the State Government are reproduced here -under : Authorised English text of this Govt. No. per (AP -II) - B (19) -11/86 dated 29 -8 -86 as required under clause (3) of Article 348 of the constitution of India Notification In exercise of the powers conferred by Sub -Section (2) of Section 15 of the Administrative Tribunals Act, 1985 (Act No. 13 of 1985), the State Government hereby specifies the 1st day of September, 1986 as the date on and from which provisions of Sub -section (3) of section 156 of the said Act shall apply to the local or other authorities and corporations or societies controlled or owned by the State Government. Sd/ - (P.K. Matto) Chief Secretary to the Govt. of Himachal Pradesh. No. Per (A -II) -B (19) - 11/86 Dt. 29.8.1986 (Authoritative English Text of this Department Notification No. per (AP -II) B(19) - dated 5 -8 -2000 as required under clause (3) of Article 348 of the constitution of India) Government of Himachal Pradesh Department of Personnel (A -II) Notification In exercise of the powers conferred by Sub -Section (2) of Section 15 of the Administrative Tribunals Act, 1985 (Act No. 13 of 1985), read with Section 21 of General clauses Act, 1897, (Act No. 10 of 1897), the Governor of Himachal Pradesh is pleased to rescind this Government Notification No. per (AP -II)B(19) -11/86 dated 29.8.1986 with immediate effect in public interest. By order A.K Goswami Chief Secretary to the Government of Himachal Pradesh."

(3.) In order to understand the purpose of earlier Notification issued by the State Government under Section 15(2) of the Administrative Tribunals Act (here -in -after to be called as an Act), the provisions of Section 15(2) and Section 15(3) of the Act for the sake of convenience are referred here -in -below : "15. Jurisdiction, powers and authority of State Administrative Tribunals: - (2) The State Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub -section (3) to local or other authorities and corporations (or societies) controlled or owned by the State Government. Provided that if the State Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged so specified under this sub -section in respect of different classes of, or different categories under any class of local or other authorities or Corporations (or societies).