SANGEETA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This matter relates to an oral order of retrenchment/termination passed against the petitioner with effect from 17 -7 -1996. The petitioner has challenged the illegality of the same. The respondents are : (1) Union of India through Secretary (Telecommunications) to the Government of India, (2) General Manager (Task Force), Telecommunications and (3) Director, Telecom Projects. An objection is raised by the respondents that this matter falls within the scope of Administrative Tribunals Act and jurisdiction to decide this matter is with the Administrative Tribunal.

(2.) But the petitioners counsel submits that this is only a matter falling under the scope of Industrial Disputes Act and the Courts constituted under that Act will have jurisdiction. For that purpose learned Counsel for the petitioner has placed reliance on the judgment in Krishan Prasad Gupta v. Controller, Printing and Stationery 9 (1996) 1 SCC 69, but we are not prepared to go into this question. Either way, it is not a matter to be decided by this Court.

(3.) But the petitioners counsel contends that this Court is entitled to exercise its jurisdiction under Article 226 of the Constitution of India, in view of the patent illegality of the order passed against the petitioner.