Like our Facebook Page

news details

‘CAT has no jurisdiction to hear service disputes in corporation/company’ 7/4/2020 10:11:42 PM EARLY TIMES REPORT JAMMU, July 4 (JNF): A Bench of Central Administrative Tribunal (CAT) comprising Dr Bhagwan Sahai Administrative Member and Rakesh Sagar Jain, Judicial Member hold that Tribunal is not vested with any jurisdiction to entertain any petition related to any service dispute in Corporation/company. CAT further observed that if the corporation/Company has not been brought within the jurisdiction of this Tribunal by a notification to be issued by the Central Government under Sec 14 (2) of the Act and therefore, so long as this notification is not issued, the Tribunal cannot assume jurisdiction in respect of any service matter pertaining to the respondent-Company under the Act. This significant judgment has been passed in a petition filed by Parmesh Lal seeking relief with regard to his service dispute regarding correction of his Date of Birth in the records of respondent-organization J&K Minerals Ltd. CAT observed that in the present case, applicant is an employee of the respondent (J&K Minerals Ltd.) and the corporation/Company has not been brought within the jurisdiction of this Tribunal by a notification to be issued by the Central Government under Sec 14 (2) of the Act and therefore, so long as this notification is not issued, the Tribunal cannot assume jurisdiction in respect of any service matter pertaining to the respondent-Company under the Act and accordingly hold that this Tribunal is not vested with any jurisdiction to entertain any petition related to any service dispute in the Corporation/company. CAT further observed that an argument was raised by the counsel for the application that the respondents have not raised the objection regarding jurisdiction of this Tribunal to hear the O.A. The contention of learned counsel for applicant is devoid of force of law and to has be rejected. Irrespective of the fact whether any objection is taken to the jurisdiction of this Tribunal to hear the matter, the Tribunal is also to see for itself whether it has the jurisdiction to hear the matter or not. It is a settled principle of law that neither counsels can waive the jurisdiction nor consent to confer jurisdiction on courts/tribunals where none exists. With these observations, CAT dismissed the O.A for want of jurisdiction and make it clear that we have not gone into the merits of this case and it would be open to the applicant to avail of remedy available to him under the law before the appropriate forum. JNF   Share This News with Your Friends on Social Network     Comment on this Story

top stories of the day

Has Omar Abdullah forgotten the past? People, politicians violating COVID-19 guidelines Indian Air Force geared up for combat role in China border area Admin’s tall claims of advance preparedness to handle power woes stand exposed Marwah ration scandal: Properties of 12 Night Chowkidars likely to be seized Completed 10 years ago Roohi Morh PHC yet to get functional Only 500 pilgrims to be allowed per day for Amarnath Yatra, puja to be telecast live JK witnesses yet another spike in COVID-19 deaths; eight more people die, 227 fresh cases ACB indicts four Govt officials in graft case Munish Gupta asks government to step in & solve problems of residents People take to streets as water crisis hits Kashmir Taxi drivers fleece passengers at will, charge arbitrary fares 69 fresh positive cases, 18 recovered; 30 deaths in north Kashmir including 22 in Baramulla

STOCK UPDATE