Bada Nand Singh & Ors. Vs. The Director General, Central Industrial Security Force & Ors.
EmailAppeal: Civil Appeal Nos. of 1987.
(In SLPs 5880 & 15992/86)
(In SLPs 5880 & 15992/86)
Petitioner: Bada Nand Singh & Ors.
Respondent: The Director General, Central Industrial Security Force & Ors.
Apeal: Civil Appeal Nos. of 1987.
(In SLPs 5880 & 15992/86)
(In SLPs 5880 & 15992/86)
Judges: A.P. SEN & B.C. RAY,JJ.
Date of Judgment: Jul 20, 1987
Head Note:
ADMINISTRATIVE TRIBUNALS ACT, 1985:
Section 2(a) and 19 – The Central Industrial Security Force Act, 1968; Section 3(1) – Constitution of India, 1950; Art; 32 – Termination of service – Appellants were members of the armed force of the Union – Tribunal had no jurisdiction to entertain the applications in view of section 2(a) – The case remitted to the High Court for determining the question raised in the writ petition.
JUDGEMENT:
O R D E R
1. Special leave granted. Arguments heard.
2. We had by order dated October 1, 1986 issued notice in SLP No. 5880/86 and permitted the appellants to withdraw the connected petition under Art. 32 of the Constitution filed by them, with liberty to move the Central Administrative Tribunal. Thereafter, the appellants made as application against the termination of their services by the impugned orders passed by the Commandant, Central Industrial Security Force, Bharat Coking Coal Limited, Dhanbad under S.19 of the Administrative Tribunals Act, 1985, before the Central Administrative Tribunal, Patna Bench but the Tribunal by its order dated November 18, 1986 at the stage of admission returned the application on the ground that the Tribunal had no jurisdiction to entertain the application made inasmuch as the appellants admittedly were members of the armed force of the Union by reason of S.2 (a) of the Act.
3. After hearing learned counsel for the parties, we feel that in the circumstances the matter should be remitted back to the High Court for determining the questions raised in the writ petition. In view of S.3(1) of the Central Industrial Security force Act, 1968, there can be no doubt that the appellants were members of the armed force of the Union, as held by the Tribunal. That being so, the Tribunal had no jurisdiction to entertain the applications in view of S.2(a) of the Administrative Tribunals Act, 1985.
4. We accordingly allow the appeals, set aside the judgment and order of the High Court dismissing the writ petition in limine and direct that the High Court shall hear and dispose of the same on merits as expeditiously as possible. No costs.
Appeals allowed.
1. Special leave granted. Arguments heard.
2. We had by order dated October 1, 1986 issued notice in SLP No. 5880/86 and permitted the appellants to withdraw the connected petition under Art. 32 of the Constitution filed by them, with liberty to move the Central Administrative Tribunal. Thereafter, the appellants made as application against the termination of their services by the impugned orders passed by the Commandant, Central Industrial Security Force, Bharat Coking Coal Limited, Dhanbad under S.19 of the Administrative Tribunals Act, 1985, before the Central Administrative Tribunal, Patna Bench but the Tribunal by its order dated November 18, 1986 at the stage of admission returned the application on the ground that the Tribunal had no jurisdiction to entertain the application made inasmuch as the appellants admittedly were members of the armed force of the Union by reason of S.2 (a) of the Act.
3. After hearing learned counsel for the parties, we feel that in the circumstances the matter should be remitted back to the High Court for determining the questions raised in the writ petition. In view of S.3(1) of the Central Industrial Security force Act, 1968, there can be no doubt that the appellants were members of the armed force of the Union, as held by the Tribunal. That being so, the Tribunal had no jurisdiction to entertain the applications in view of S.2(a) of the Administrative Tribunals Act, 1985.
4. We accordingly allow the appeals, set aside the judgment and order of the High Court dismissing the writ petition in limine and direct that the High Court shall hear and dispose of the same on merits as expeditiously as possible. No costs.
Appeals allowed.
