Shiva Mohan Jha vs M/s. Bharat Sanchar Nigam Ltd Corporate Office Personnel And Ors

The subject of dispute in this writ petition is service related controversy of the appellant-writ petitioner in course of his employment with Bharat Sanchar Nigam Limited. The learned First Court had dealt with the question on merit and dismissed the writ petition. The writ petition was instituted on 10th October, 2009 and decided on 1st February, 2018.

On 31st October, 2008, Ministry of Personal, Public Grievance and Pensions (Department of Personnel and Training) of the Central Government issued a notification bearing S.O. No.2580(E) in exercise of power under Section 14(2) of the Administrative Tribunals Act, 1985 adding Bharat Sanchar Nigam Limited to the Schedule of the Administrative Tribunals Act, 1985. This being the position, the Central Administrative Tribunal became the forum of first instance in respect of any dispute between the Bharat Sanchar Nigam Limited and its employees. That is the ratio of the decision of the Hon'ble Supreme Court in the case of L. Chandra Kumar Versus Union of India & Others reported in (1997) 3 SCC 261. That being the position, the writ petitioner committed error in approaching the learned First Court invoking the jurisdiction of this Court under Article 226 of the Constitution of India straightaway. It is apparent that neither the writ petitioner nor the employer-Bharat Sanchar Nigam Limited had brought the fact of issue of notification dated 31st October, 2008 to the notice of the learned First Court. But having regard to the legal position we have discussed above, in our opinion, the said notification goes to the very root of the controversy and entertaining the writ petition itself without referring to the aforesaid notification was contrary to the ratio of the decision of the Hon'ble Supreme Court in the case of L. Chandra Kumar (supra).

We accordingly, set aside the judgment of the learned First Court in which the dispute was adjudicated on merit without considering the said notification. It shall be open to the appellant-writ petitioner to approach the Central Administrative Tribunal as may be permissible under the law with his grievance which forms the subject-matter of this proceeding.

The appeal stands allowed to the above extent.