UNION OF INDIA Vs. MD RIZWAN ANSARI

JUDGEMENT

(1.) This writ petition is directed against the order dated 27.01.2005, passed by the Central Administrative Tribunal, Patna Bench, in O.A.No. 68 of 2003 (Mr. Rizwan Ansari and Ors. Vs. Union of India & Ors.),whereby respondent no.2 (Chief General Manager, Telecom, Bihar, Circle, Patna) before the Tribunal has been directed to refer the dispute to B.S.N.L. for reconsideration and necessary action within a reasonable period of time since all the liabilities and assets of the Department of Telecom has been shifted to BSNL.

(2.) We have perused the materials on record and considered the submissions of the learned counsel for the parties. A major portion of the duties and functions of the Telecom Department were transferred to the Public Sector undertaking created by the Government of India and now known as ,,Bharat ,,B.S.N.L. ). The original Sanchar Nigam Limited ( in short applicants before the Tribunal (six in number) preferred the original application for a direction to B.S.N.L. to consider the cases for regularization. On consideration of the matter, the Tribunal came to the conclusion that B.S.N.L. had not, till the date of the order, been notified to be within the jurisdiction of the Tribunal in terms of Section 14(2) of the Administrative Tribunal Act, 1985. Before we deal with the issue we can be profitably reproduce paragraph no.6 of the order of the Tribunal:-

(3.) It appears from a perusal of the order of the Tribunal that it was conscious of the legal position that B.S.N.L. had not been notified within the jurisdiction of the Tribunal. It, therefore, intended to direct respondent no.1 (Union of India through the Secretary, Department of Telecom, Sanchar Bhawan, New Delhi) before it to refer the dispute to B.S.N.L. Law is well-settled that such a direction can be issued to the Government of India to refer the issue to a body which may or may not be "State" within the meaning of Article 12 of the Constitution of India. Reference may be made to the judgment of the Supreme Court in Bandhua Mukti Morcha vs. Union of India & Ors. reported in AIR 1984 SC 802.