In a writ petition concerning employment matters against SAIL, the High Court held that since SAIL came under the purview of the CAT effective April 1, 2010, and the petition was pending, it must be transferred to the Tribunal.
Petitioner directed to appear before the Central Administrative Tribunal; writ petition transferred and disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1927 OF 2010
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Ram Jas Singh, son of late Gulely Singh, resident of Chasnala South Colliery, P.O. & P.S. Chasnala, District-Dhanbad.
... Petitioner
Vs.
1.Steel Authority of India Limited, IISCO Steel Plant, through its Chairman, Chasnala Colliery, P.O. & P.S. Chasnala, District-Dhanbad. 2.General Manager, IISCO Steel Plant, Chasnala, Colliery, P.O. & P.S. Chasnala, District-Dhanbad.
3.Senior Manager, (P.L), IISCO Steel Plant, Chasnala, Colliery, P.O. & P.S. Chasnala, District-Dhanbad.
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
----- For the Petitioner : Mr. Mahesh Tiwary, Advocate For the SAIL : Mr. Indrajit Sinha, Advocate -----
Order No. 06 : Dated 11th July, 2019
Heard Mr. Mahesh Tiwary, learned counsel for the petitioner and Mr. Indrajit Sinha, learned counsel for the SAIL.
The Steel Authority of India Limited has been brought under the purview of the Central Administrative Tribunal w.e.f. 1st April, 2010 whereas this writ petition has been filed on 23.04.2010 and pending since then before this Court.
Mr. Tiwary and Mr. Sinha jointly draw attention of this Court to Sub Section (2) of Section 29 of the Administrative Tribunals Act, l985 whereas it is said that every suit or other proceedings the cause of action whereon it is based is such that it would have been, if fit had arisen after the said date, within the jurisdiction of such tribunal shall stand transferred on that date to such tribunal. Taking into account the pendency of this writ petition and sub-Section (2) and Section
29 of the Administrative Tribunal Act, the office is directed to transfer this writ petition to Central Administrative Tribunal, Patna, Ranchi Bench, Ranchi.
Learned counsel for the petitioner will appear before the CAT and will do the needful as par the Act. This writ petition is disposed off.
Office is directed to maintain a second
copy/photocopy/scan copy of the writ petition along with all the orders and annexures.
(Sanjay Kumar Dwivedi, J.)
Amardeep/-
2 issues framed by the court
Whether the pending writ petition against SAIL falls within the jurisdiction of the Central Administrative Tribunal due to the statute brought under its purview.
Whether the writ petition should be transferred to the Central Administrative Tribunal, Patna, Ranchi Bench.
2 provisions across 2 enactments
Ram Jas Singh
Steel Authority of India Limited
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
