E.V.Krishnan Vs. Union of India & Ors.
EmailAppeal: Civil Appeal No 1539 of 1980 In Special Leave Petition (Civil) NO. 5184 of 1988
Petitioner: E.V.Krishnan
Respondent: Union of India & Ors.
Apeal: Civil Appeal No 1539 of 1980 In Special Leave Petition (Civil) NO. 5184 of 1988
Judges: E.S. VENKATARAMIAH & N.D.OJHA, JJ.
Date of Judgment: Apr 22, 1988
Head Note:
SERVICE AND LABOUR LAW
Central Administrative Tribunal – Jurisdiction – The Tribunal to here the case on merits – The question as to jurisdiction may be taken up if and when an appeal is filed against the order of the Tribunal before the Court.
JUDGEMENT:
O R D E R
Special leave granted. It is the contention of the appellant that the Central Administrative Tribunal alone has the jurisdiction to deal with the question raised in this case. After hearing learned counsel for both the parties and having regard to the special circumstances of the case we set aside the order passed by the Central Administrative Tribunal but without expressing any opinion on the merits of the contention of the learned Additional Solicitor General that the Tribunal had no jurisdiction to hear this case. The Tribunal shall now proceed to decide the case on merits. We, however, reserve the right to the respondent to raise, if necessary, the contention that the Tribunal had no jurisdiction before this court, if and when an appeal is filed against the order of the Tribunal. The Tribunal is requested to dispose of the case on merits within two weeks since we are informed that the matter does not brook any further delay. The parties shall appear before the Tribunal on 26th April, 1988. The respondent shall not take any action to evict the appellant for two weeks. The appeal is disposed of accordingly. No costs.
Special leave granted. It is the contention of the appellant that the Central Administrative Tribunal alone has the jurisdiction to deal with the question raised in this case. After hearing learned counsel for both the parties and having regard to the special circumstances of the case we set aside the order passed by the Central Administrative Tribunal but without expressing any opinion on the merits of the contention of the learned Additional Solicitor General that the Tribunal had no jurisdiction to hear this case. The Tribunal shall now proceed to decide the case on merits. We, however, reserve the right to the respondent to raise, if necessary, the contention that the Tribunal had no jurisdiction before this court, if and when an appeal is filed against the order of the Tribunal. The Tribunal is requested to dispose of the case on merits within two weeks since we are informed that the matter does not brook any further delay. The parties shall appear before the Tribunal on 26th April, 1988. The respondent shall not take any action to evict the appellant for two weeks. The appeal is disposed of accordingly. No costs.
