UNION OF INDIA THRO' CHIEF GENERAL MANAGER & 1 v. ANKIT KANJIBHAI DARJI

HON'BLE MR.JUSTICE A.L.DAVE HON'BLE SMT.JUSTICE ABHILASHA KUMARI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= UNION OF INDIA THRO' CHIEF GENERAL MANAGER & 1 - Petitioner(s) Versus ANKIT KANJIBHAI DARJI - Respondent(s) ========================================================= Appearance : MR BN DOCTOR for Petitioner(s) : 1 - 2. MR KK SHAH for Respondent ========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE HON'BLE SMT. JUSTICE ABHILASHA KUMARI Date : 06/08/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE A.L.DAVE) SCA/1754220/2007 JUDGMENT

Rule. Learned advocate Mr.K.K.Shah waives service of notice of Rule on behalf of the respondent. Heard learned advocate Mr.B.N.Doctor for the petitioners and learned advocate Mr.K.K.Shah for the respondent.

There is no dispute on the aspect that a contention was raised before the Central Administrative Tribunal that Bharat Sanchar Nigam Limited is not included in the Schedule under Section 14 of the Central Administrative Tribunals Act, 1985, and, therefore, the Tribunal may not have jurisdiction to entertain and decide the said Original Application. There is also no dispute on the aspect that factually, no such Notification is issued and, therefore, the Tribunal lacked jurisdiction to decide the Original Application.

In the light of the above legal and factual scenario, the order passed by the Tribunal on merits cannot be permitted to stand, having been passed without jurisdiction. The question of jurisdiction though raised before Tribunal, it has not been SCA/1754220/2007 JUDGMENT addressed to or answered to by the Tribunal. Accordingly, the order of the Tribunal passed in Original Application No.33 of 2006 dated 16th June, 2006, is hereby quashed and set aside only on the above aspect without entering into merits.

We clarify that it would be open for the respondent to approach the appropriate authority for redressal of his grievance. In the event the respondent approaches the appropriate authority, while considering the question of limitation, the period during which the dispute was pending before the Tribunal as well as this Court may be taken into consideration. Rule is made absolute. No order as to costs. (A.L.Dave, J.) (sunil) (Smt. Abhilasha Kumari, J.)