Writ Petition No. 2372 of 2011 · Bombay High Court

Mr. D.C.Chahande, Adv. for the petitioner. Ms Tanna h/f Mr.R.S.Sundaram Adv. for respondents . C ORAM : D.D.Sinha AND A.P.Bhangale, JJ. DATED : 18/11/2011. Heard the learned counsel for the petitioner as well as the respondents. The learned counsel for the petitioner states that the grievance of the petitioner is in respect of non-payment of retiral benefits to the petitioner by respondent no.3. The learned counsel for the petitioner has submitted that, at the time of retirement, the petitioner was holding the post of Nayak in the establishment of respondent no.3. The learned counsel for the respondent – Union of India has submitted that, in view of the provisions of Section 34 of the Armed Forces Tribunal Act, 2007, the writ petition needs to be transferred to the Tribunal. We have perused the provisions of Section 34 of the said Act which contemplates that

every suit, or other proceeding pending before any court including a High Court 2 or other authority immediately before the date of establishment of the Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based, is such that it would have been within the jurisdiction of the Tribunal, if it had arisen after such establishment within the jurisdiction of such Tribunal, stand transferred on that dater to such Tribunal.

It is brought to the notice of this court that the Armed Forces Tribunal commenced functioning in the year 2007 itself and the cause of action involved in the present petition falls within the jurisdiction of the Tribunal. In that view of the matter, we transfer the present writ petition to the Armed Forces Tribunal for necessary adjudication forthwith. Writ petition is disposed of accordingly. JUDGE JUDGE.