Artificial Limb Centre Employees Union, Pune v. Union Of India Through Honourable Secretary, Ministry Of Defence And ORS

3.4.62.WP.774.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

(3) WRIT PETITION NO. 774 OF 2024 Artificial Limb Centre Employees Union, Pune

...Petitioner

Versus

Union Of India And Ors

...Respondents

AND

(4) WRIT PETITION NO. 776 OF 2024 Artificial Limb Centre Employees Union, Pune

...Petitioner

Versus

Union Of India And Ors

...Respondents

AND

(62) WRIT PETITION NO. 777 OF 2024 Artificial Limb Centre Employees Union, Pune

...Petitioner

Versus

Union Of India And Ors

...Respondents

Mr. S A Abhyankar for the Petitioner in all Petitions. Mr. D. P. Singh for the Respondent Nos. 1 to 3 in all Petitions. CORAM : NITIN JAMDAR & M. M. SATHAYE, JJ.

DATED : 13 JUNE 2024 P.C.:

1.

Heard learned Counsel for the parties.

akn 1/2

3.4.62.WP.774.2024.doc 2.

Two questions would arise. First, whether the Employees' Union could ask for a relief of setting aside the appointments of the Respondent No. 4 without any individual employee seeking claim to the said post. Second, the jurisdiction of the Central Administrative Tribunal (for short "the CAT"), since it is not disputed before us that the service related disputes in respect of the Respondent-establishment would pertain to the jurisdiction of CAT.

3.

In light of the law laid down by the Constitutional Bench in L. Chandra Kumar vs. Union of India & Ors.1, holding that in such cases the Administrative Tribunal will be the Court of first instance, the Writ Petitions are disposed of.

(M. M. SATHAYE, J.) (NITIN JAMDAR, J.) (1997) 3 SCC 261 akn 2/2