KRISHNA SAHAI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave was heard along with Civil Appeals Nos. 776 of 1984 and 4356 of 1986. Those two appeals were disposed of by a common judgment dated March 1, 1990, by remitting the dispute forming the subject matter of those appeals to the U.P. Public Services Tribunal for disposal on merit and judgment was reserved in this appeal as we were of the view that certain relevant aspects required notice and we should commend to the U. P. State to bring its Services Tribunal at par with the State Administrative Tribunals set up under the Central Administrative Tribunals Act of 1985.

(2.) So far as the merits of the case go, we are of the view that it should also be remitted for disposal by the Services Tribunal and we direct that the Tribunal shall dispose of the matter in accordance with its rules by the end of September, 1990.

(3.) The Administrative Tribunals Act of 1985 is a legislation in terms of Art. 323 A of the Constitution. By setting up a Tribunal under that Act for resolution of service disputes, the jurisdiction of the High Court in regard to such matters is intended to be taken away and under the scheme of that Act, the jurisdiction of the High Court in regard to service disputes is intended to be vested in the Tribunal. That is the view expressed by the Constitution Bench of this Court in S. P. Sampath Kumar v. Union of India (1987) 1 SCC 124.