How To Fast-track Service Disputes Without Going To A Civil Court | सिविल कोर्ट में जाए बिना सेवा विवादों का शीघ्र समाधान कैसे हो।

Exclusively for the interest of employees in service, the legal system has a distinct route exclusively looking into the service matters disputes, in pursuance of Article 323A of the Constitution, the Act called as ‘Service Tribunal Act’ 1985.

Publish date: 13-09-2020

 In this topic

 Employees in Public Service Departments often face dispute related to their service matters or various recruitment conditions, which need legal intervention and quick resolutions. Exclusively for the interest of employees in service, the legal system has a distinct route other than the general civil courts, exclusively looking into the service matters disputes., in pursuance of Article 323A of the Constitution, the Act called as ‘Service Tribunal Act’ 1985, extends to Central Administrative Tribunal, and State Administrative Tribunal, applies to disputes and complains of public services and complaints.  

 

 

Jurisdiction & Authority of  Administrative Tribunal

 

  1. recruitment, and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under the Union or to a post connected with defence or in the defence services, being, in either case, a post filled by a civilian;
  2. a member of any All India Service
  3. a person appointed to any civil
  4. of the union or any civil post or
  5. a civil post connected with defence
  6. all service matters concerning a person appointed to any service have been placed by a state government or any local or other authority or any corporation or other body, at the disposal of Central Govt. or any State Govt

 

 

 

Jurisdiction, Powers and Authority of Administrative Tribunal

 

Power to Punish for Contempt  

 
  • The tribunal has, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise the provisions of Contempt of Courts Act, 1971
  • The reference to the Advocate-General in Section 15 of the Administrative Tribunal Act shall be constructed –
  1. in relation to the Central Administrative Tribunal, as a reference to the Attorney-General or the Solicitor-General or the Additional Solicitor General; and
  2. in relation to an Administrative Tribunal for a State or a Joint Administrative Tribunal for two or more States, as a reference to the Advocate-General of the State or any of the States for which such Tribunal has been established.

 

Distribution of Business amongst the Benches

  1. The appropriate Government may from time to time, by notification, make provisions as to the distribution of the business of the tribunal amongst the benches and specify the matters which may be dealt by each bench.
  2. If any question arises as to whether any matter falls within the purview of the business allocated to a bench of a tribunal, the decision of the Chairman be final.

 

Procedure to File Applications In Administrative Tribunals     

 

The general procedure of filing a applications to tribunal are given below:

 

  

Sequence

Step

Description

01

 Aggrieved Shall Choose A Tribunal Bench Applicable to Jurisdiction

A person, committee, agency or body of a Government, or corporation owned by government may file application on any matter within the jurisdiction of the Tribunal.

 

02

Application Format

Every application shall be in such form and accompanied by documents and evidence and by fee while filing the application.

 

03

Merit Evaluation On Receipt of Application

  • Acceptance: The tribunal, if satisfied after any enquiry it deems necessary, that the application is a fit case for adjudication or trial by it, admits such application.
  • Rejection: In case the tribunal is not satisfied, it may summarily reject the application after recording its reasons.

04

No Appeal or Representation Thereafter Redressal by Trail:   

   

 

05

Application ( Subject) Admitted to Tribunal is Prevented from Appeal

When an application has been admitted by Tribunal, every proceeding under relevant service rule as to redressal of grievance in relation to subject matter of such application pending immediately before such admission shall abate, no appeal or representation in relation to such matter shall be thereafter entertained.

12

Obtaining the Court Order:

You shall obtain the certified order from the order post the order has been delivered.

 

  1. Pre-conditions of Admitting an Application : Ensuring all Remedies have been Exhausted

 

  1. The tribunal shall not admit an application unless it’s satisfied that the applicant has availed of all the remedies available under the service rules as to redressal of grievance
  2. A person is deemed to have availed of all the remedies available under the service rules if :
    1. If a FINAL ORDER IS MADE by Government or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal or representation made by such person in connection with grievance
    2. Where no final order has been made by Government or other authority or officer or other person competent to pass such order with regards to the appeal or representation, if a period of 6 months has expired from the date of the appeal.

 

 

  1. Limitations of Date / Period in Case Order for Grievance has been Made & in Case No order for the Grievance is Made

A tribunal shall not admit an application if

  1. Where a final order is mentioned with the grievance unless the application is made, within one year from the date on which final order has been made
  2. Where an appeal or representation has been made and a period of six months had expired thereafter without such final order have been made, within one year from the date of expiry of the said period of six months   
  3. No proceedings for the redressal of such grievance had been commenced before the said date before any High Court

 

 

Procedure & Powers of Tribunals

 

Tribunal has its Own Power & Need Not Follow the Code of Civil Procedure

 
  • The tribunal isn’t bound by the procedure laid down in Code of Civil Procedure, 1908, but shall be guided by principle of natural justice and subject to provisions of this Act
  • The Tribunal has the power to regulate its own procedure, fixing the places and timing of its inquiry and deciding whether to sit in public or private

 

 

Tribunal’s Objective is to Expedite

 

  • The tribunal shall decide every application made to it as EXPEDITIOUSLY AS POSSIBLE and every application shall be decided on perusal of documents and written representations and after hearing order arguments.

 

 

Tribunal has Same Power as Civil Courts for

  • Summoning and enforcing attendance of any person and examining the person on oath
  • Requiring the discovery and production of documents
  • Requiring and receiving Evidence and Affidavits
  • Requisitioning any Public Document from any office as subject to provisions of SECTIONS 123 & 124 of INDIAN EVIDENCE ACT
  • Issuing commission of examination of WITNESS or DOCUMENTS
  • Reviewing decisions
  • Dismissing a representation for default or deciding it ex-parte
  • Setting aside any order of dismissal or any representation for default or any order passed by it ex-parte
  • Any other matter which may be prescribed by Central Govt

 

 

 

Right of Applicant to Take Legal Assistance of Legal Practitioner

 

A person making an application to a Tribunal under the Tribunals Act,  may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Tribunal.

 

 

 

Key Takeaway

  • All proceedings before a Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860)

 

  • The Administrative Tribunal is a specialized legal mechanism exclusively dedicated to service matters, and is intended to expeditiously provide judgement to cases
  • The tribunal is a quick legal recourse for aggrieved to get redressal of grievance when all grievance solving channels of service / department have been exhausted
  • The tribunal’s decision can’t be reviewed in lower courts, and often are binding. The review can only be filed in Supreme Court of India.
  • As tribunal proceedings require evidence support, summoning of witness, presentation of facts in structured manner, cross examination of witness and facts, it’s always advisable to seek legal assistance and representation via a learned legal practitioner. 

 

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