1990 (3) TMI 359 - SC - Indian Laws

Summary

Issues involved: Remittance of disputes to U.P. Public Services Tribunal, jurisdiction of High Court vs. Tribunal, power of Tribunal to make interim orders, setting up of Administrative Tribunals, location of Tribunal Benches.

Remittance of disputes to U.P. Public Services Tribunal: The Supreme Court remitted the dispute to the U.P. Public Services Tribunal for disposal on merit, directing the Tribunal to resolve the matter in accordance with its rules by the end of September 1990. This decision was made in conjunction with other appeals disposed of by a common judgment, emphasizing the need for the U.P. State to align its Services Tribunal with the Central Administrative Tribunals Act of 1985.

Jurisdiction of High Court vs. Tribunal: The Court highlighted that the Administrative Tribunals Act of 1985, established under Article 323A of the Constitution, aims to transfer jurisdiction over service disputes from the High Court to the Tribunal. The view was supported by a previous ruling of the Constitution Bench in S.P. Sampath Kumar v. Union of India & Ors. (1987) 1 SCC 124. It was noted that the U.P. Public Services Tribunal, operating under a different State Act, lacks the power to issue interim orders, as explicitly prohibited by law.

Power of Tribunal to make interim orders: The Tribunal's inability to grant interim relief was a point raised by the appellants, contending that seeking relief from the Tribunal was not a sufficient alternative. This argument led to the consideration of whether the High Court, under Article 226 of the Constitution, could entertain writ petitions in such cases. The Court suggested that the State of Uttar Pradesh should evaluate the possibility of establishing a Tribunal under the Central Act to ensure uniformity in adjudicating service disputes and alleviate the burden on the High Court.

Setting up of Administrative Tribunals: The Court recommended that if the U.P. Services Tribunal continues to operate, the State should enhance its composition by appointing legally qualified individuals to ensure fair dispensation of justice and maintain judicial integrity. Additionally, the Court proposed the establishment of additional Tribunal Benches in locations like Allahabad, Meerut, and Agra, in addition to Lucknow, to facilitate easier access for litigants across the State and prevent case backlogs.

Location of Tribunal Benches: To streamline the resolution of service disputes and prevent delays, the Court advised immediate diversification of Tribunal Benches' locations within Uttar Pradesh. This strategic move would distribute the caseload more evenly and prevent accumulation of unresolved disputes. The Court concluded the judgment without issuing any specific cost orders, thereby disposing of the appeal.