MUKESH KUMAR Vs. BSNL AND ORS.

JUDGEMENT

(1.) COUNSEL for Petitioner submits that Petitioner was initially appointed as a Safaiwala vide order dt. 25/04/1994 in the Department of Telecommunication on part time basis and vide order dt.15/02/2002 (Ann. 4) the order has been passed conferring upon other persons benefits of full time casual majdoors in the service of Respondents, which was not given to the Petitioner and which was challenged before the Central Administrative Tribunal but vide order dt. 30/12/2002 (Ann. 6), his original application was dismissed at admission stage on the ground that the Tribunal has no jurisdiction.

(2.) COUNSEL for Respondents submits that in view of notification dt. 21/10/2008 whereby in exercise of powers conferred by Section 14(2) of the Act, 1985, the Central Government has notified 10th day of November, 2008 as the date on and from which provisions of Section 14(3) of the Act shall apply to organisation including Respondent -BSNL - as a consequence whereof, orders passed by BSNL are appealable before Central Administrative Tribunal.

(3.) IN view of notification (supra), writ petition is not maintainable as the order impugned is appealable under the Act, 1985 being the only efficacious remedy under law.