ALL INDIA ASSOCIATION OF POSTAL SUPERVISORS (GENL. LINE) IN THE HIGH COURT OF DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI
 
  W.P. (C) 1827/1997
 
  ALL INDIA ASSOCIATION OF POSTAL SUPERVISORS (GENL. LINE)
  ..... Petitioner
 
  Through: Kr. Rajesh Singh, Advocate.
 
 
 
 
versus
 
 
 
  UNION OF INDIA and ORS. ..... Respondents
 
  Through: Mr. Raj Kumar Yadav, Advocate for UOI.
 
  CORAM:
 
   HON'BLE MR. JUSTICE VALMIKI J. MEHTA
 
   O R D E R
 
   06.02.2015
 
 
 
  1. Though effectively this is a Public Interest Litigation case
  in a service matter because petitioner is not an individual but is an
 
  association of persons, however, issue in this case pertains to service matters falling under Section 3(q) of the Administrative Tribunals Act,
  1985 (hereinafter referred to as ?the Act?) because there arises issues
  of conditions of services or any other matter pertaining to service as
  specified in this Section and therefore by virtue of Section 14 of the
  Act, and the judgment of the Supreme Court in the case of L. Chandra
  Kumar vs. Union of India and Ors. AIR 1997 SC 1125, this Court is not the
  Court of original jurisdiction and so held in the
 
  W.P.(C) No.1827/1997 page 1 of 3
 
  case of L. Chandra Kumar (supra) as under:-
 
  ?99. In view of the reasoning adopted by us, we hold that Clause 2(d)
  of Article?323A?and Clause 3(d) of Article 323B, to the extent they
  exclude the jurisdiction of the High Courts and the Supreme Court under
  Articles 226/227?and?32?of the Constitution, are unconstitutional.
  Section?28?of the Act and the ‘‘exclusion of jurisdiction’‘ clauses in all
  other legislations enacted under the aegis of
  Articles?323A?and?323B?would, to the same extent, be unconstitutional.
  The jurisdiction conferred upon the High Courts under
  Articles?226/227?and upon the Supreme Court under Article?32?of the
  Constitution is part of the inviolable basic structure of our
  Constitution. While this jurisdiction cannot be ousted, other courts and
  Tribunals may perform a supplemental role in discharging the powers
  conferred by Articles?226/227?and?32?of the Constitution. The Tribunals
  created under Article?323A?and Article?323B?of the Constitution are
  possessed of the competence to test the constitutional validity of
  statutory provisions and rules. All decisions of these Tribunals will,
  however, be subject to scrutiny before a Division Bench of the High Court
  within whose jurisdiction the concerned Tribunal falls. The Tribunals
  will, nevertheless, continue to act like Courts of first instance in
  respect of the areas of law for which they have been constituted. It will
  not, therefore, be open for litigants to directly approach the High
  Courts even in cases where they question the vires of statutory
  legislations (except where the legislation which creates the particular
  Tribunal is challenged) by overlooking the jurisdiction of the concerned
  Tribunal. Section?5(6)?of the Act is valid and constitutional and is to
  be interpreted in the manner we have indicated.?
 
 
 
  2. In view of the above, instead of dismissing the petition, at
  the request of the counsel for the petitioner, this case is transferred
  for decision to the Central Administrative Tribunal (CAT), Principal
  Bench, New Delhi.
 
  W.P.(C) No.1827/1997 page 2 of 3
 
  Of course, I have not expressed anything finally with respect to
  maintainability or merits of the petition and which aspects will be
  considered by the CAT.
 
  3. List before the Registrar of CAT on 25th March, 2015.
  Registry of this Court to ensure that record of this case is available to
  the Registrar of CAT on the date fixed.
 
 
 
 
 
  VALMIKI J. MEHTA, J
 
  FEBRUARY 06, 2015