Mahadeo Ballappa Burud v. Union Of India And ORS.

WP. 10800-04 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 10800 OF 2004 Mahadeo Balappa Burud ...

Petitioner Vs.

Union of India & Ors.

...

Respondents *** Mr. Uday B. Nighot, for the Petitioner.

Smt. Neeta V. Masurkar, for Respondents.

*** CORAM : R. M. BORDE, & A. S. GADKARI, JJ.

DATE : FEBRUARY 2, 2017 PC.

1.

The Petitioner had approached the Central Administrative Tribunal, Mumbai (for short the "Tribunal") for redressal of his grievance by filing Original Application No. 751 of 1999. However, the said original application filed by the Petitioner came to be dismissed by the Tribunal for the reason that the Petitioner is an employee of Bharat Sanchar Nigam Ltd. and as such, the dispute cannot be resolved by the Tribunal for want of jurisdiction. 2.

It is pointed out that the Central Government has issued a notification under sub-section (2) of section 14 of the Administrative Tribunals Act, 1985 dated 31st October, 2008, empowering the Central Administrative Tribunal to exercise the jurisdiction in respect of the 1 / 2

WP. 10800-04 disputes concerning the employees of the Bharat Sanchar Nigam Ltd. It is mentioned in the said notification that from the date specified i.e. 10th day of November, 2008 the provisions of sub-section (3) of section 14 of the said Administrative Tribunals Act, 1985 shall apply to the forum mentioned in the notification. The name of Bharat Sanchar Nigam Ltd. is enlisted at Sr. No. 154 in the said notification. In view of the said notification issued by the Central Government, the grievance raised by the Petitioner in the original application can be considered by the Tribunal. The matter is remitted back to the Tribunal for consideration on merits and in accordance with law. It is clarified that this Court has not scrutinised the merits of the contentions raised by the Petitioner, and it would be open for the Tribunal to consider the claim of the Petitioner on its own merits and in accordance with the provisions of law. Rule is made absolute in the aforesaid terms. Writ petition is accordingly disposed of. 3.

In view of disposal of the petition, civil applications, if any, filed in this petition, do not survive and are accordingly disposed of.

Sd/- Sd/- [A. S. GADKARI, J.] [R. M. BORDE, J.] Vinayak Halemath 2 / 2