Girdhari Lal and Others and Naresh Bharti and Others vs Union of India (UOI) and Others

J.P. Singh, J.—Learned Counsel for the parties were heard on the maintainability of these Writ Petitions in this Court in view of the

applicability of the Administrative Tribunals Act, 1985 to Bharat Sanchar Nigam Limited, the petitioners-employer, vide S.O.(E) dated the 31st

October, 2008 issued by Government of India, Ministry of Personnel Public Grievances and Pensions (Department of Personnel and Training).

Petitioners have filed these Writ Petitions seeking, inter alia, fixation of their seniority besides promotion to the post of STS Group-A in the

Cadre of STS- Group Service.

Learned Counsel for Bharat Sanchar Nigam Limited has opposed the maintainability of the petitioners’ Writ Petitions on the ground that,

with the issuance of Government of India, Ministry of Personnel, Public Grievances and Pension (Department of Personnel and Training’s)

Notification S.O.(E) dated the 31st October, 2008 applying the provisions of the Administrative Tribunals Act, 1985 to the Bharat Sanchar Nigam

Limited, this Court may not have jurisdiction to entertain the Writ Petitions because the dispute raised in these Writ Petitions was cognizable by the

Central Administrative Tribunal. Petitioners’ learned Counsel says that the Administrative Tribunals Act, 1985 was not applicable to the

employees of the Bharat Sanchar Nigam Limited in view of the exception appearing in Section 14(3)(b) of the Administrative Tribunals Act, 1985

and these Writ Petitions were, thus, maintainable in this Court notwithstanding the issuance of Notification S.O.(E) of October 31, 2008.

Per contra, Bharat Sanchar Nigam Limited’s learned Counsel submitted that Section 14(1)(b)(iii) referred to in Section 14(3)(b) would

have no application to the employees of the Bharat Sanchar Nigam Limited, in that, the word ‘and’ appearing before the expression

pertaining to the service of such member in Section 14(1)(b)(iii), relied upon by the petitioners’ counsel, would not be read disjunctively, in

that, such a course was neither countenanced by the law makers nor was such interpretation of the above referred provision, otherwise permissible

and in this view of the matter, the provisions of the Administrative Tribunals Act, according to the learned Counsel, would apply to the Bharat

Sanchar Nigam Limited.

Learned Counsel for the parties were not, however, at variance that in the event of the applicability of the Act to Bharat Sanchar Nigam

Limited, the dispute raised in both Writ Petitions would be cognizable by the Central Administrative Tribunal. I have considered the submissions of

learned Counsel for the parties and gone through the provisions of Section 14(1) and (3) of the Administrative Tribunals Act, 1985.

A plain reading of Section 14(1)(b)(iii), on which the Petitioners’ learned Counsel lays great stress, demonstrates that word ‘and’

appearing in clause (iii) aforementioned is specifically intended to apply to those Civilians, who were appointed to any defence services or a post

connected with defence, be they under the control of the Government of India or any corporation or society owned or controlled by the

Government. This clause, by no stretch of reasoning, can be said to apply to the members of the Corporation for which the Parliament, in its

wisdom, has made specific provision u/s 14(3) of the Act vesting the Central Administrative Tribunals with all the jurisdiction, powers and authority

exercisable immediately before the notified date by all Courts except the Supreme Court, in relation to recruitment and other matters concerning

recruitment, to any service or post in connection with the affairs of such local or other authority or corporation or society and all service matters

concerning a person appointed to any service or post in connection with the affairs of such local or other authority or corporation or society and

pertaining to the service or such person in connection with such affairs.

I, therefore, do not find any merit in the petitioners-learned Counsel's submission that the exception indicated in Section 14(3)(b) of the

Administrative Tribunals Act,1985 was attracted in case of the employees of the Corporation and in this view of the matter, it is held that after

coming into force of S.O.(E) dated the 31st October, 2008 the provisions of Section 14(3) of the Administrative Tribunals Act, 1985 would apply

to Bharat Sanchar Nigam Limited in relation to the disputes mentioned in Section 14(3)(a) & (b) of the Act.

For all what has been said above, the dispute raised by the petitioners in both the Writ Petitions being cognizable by the Central Administrative

Tribunal constituted under the provisions of The Administrative Tribunals Act, 1985, this Court would have no jurisdiction to entertain the

petitioners’ Writ Petitions. These Writ Petitions are, accordingly, dismissed as nonmaintainable, leaving the petitioners free to approach the

Central Administrative Tribunal.