INDIAN LAC RESEARCH INSTITUTE Vs. NAZMA BANO

JUDGEMENT

(1.) THIS letters patent appeal is directed against the judgment and order of the learned single Judge in C.W.J.C. No. 266 of 1998 (R) [reported in 2000(2) PLJR 778]. By the judgment under appeal a direction has been issued to the appellants to forthwith provide employment to the son of petitioner no. 1 on compassionate ground.

(2.) THE correctness of the order has been challenged on merit of the claim as well as on the ground of lack of jurisdiction. It has been contended that in view of the provisions of the Administrative Tribunal Act, 1985 (for short 'the Act ') this court had no jurisdiction to entertain, much less, allow the writ petition seeking recruitment under the Indian Lac Reserch Institute which is the part of the Indian Council of Agricultural Research, notified under section 14 (3) of the Act.

(3.) AS is well known, the Administrative Tribunals Act was enacted with the object of creating a forum where matters relating to recruitment and other service matters of the Central Government employees could be adjudicated and the burden of the High Court could be reduced. Section 14 (1) of the Act confers exclusive jurisdiction upon the Central Administrative Tribunal in relation to the matters specified therein including recruitment, while section 14 (1) applies to All India Services or to any civil service of the Union or a civil post under the Union or to a post connected with defence or in the defence services, held by a civilian, sub -section (2) empowers the Central Government to apply from such date as may be specified, the provision of sub -section (3) to local or other authorities or society owned by or under the control of the Government of India. Sub - section (3) of the Act lays down that save as otherwise expressly provided in the Act lays down that save as otherwise expressly provided in the Act, the Central Administrative Tribunal shall also exercise, on and from the date with effect from which the provision of this sub -section apply to any local or other authority or corporation, all the jurisdiction, powers and authority exercisable immediately before that date by all courts, except the Supreme Court, in relation to the matters specified therein including recruitment. As if the provisions of Section 14 (3) were not sufficient to oust the jurisdiction of the High Court, further provision has been made in section 28 of the Act, and it would be useful to quote the same as under : "Exclusion of jurisdiction of courts except the Supreme Court under Article 136 of the Constitution. ''On and from the date from which any jurisdiction, power and authority becomes exercisable under this Act by a Tribunal in relation to recruitment and matter concerning recruitment to any service or post or service matters concerning members of any service of persons appointed to any service or post no court except '' (a) the Supreme Court; or (b) any Industrial Tribunal Act, 1947 (14 of 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 of matters concerning such requirement or such service matters."