- (1.) Special leave granted. Arguments heard.
(2.) We had by order dated 1/10/1986 issued notice in Special Leave Petition No. 5880 of 1986 and permitted the appellants to withdraw the connected petition under article 32 of the Constitution filed by them, with liberty to move the Central administrative tribunal. Thereafter, the appellants made an application against the termination of their services by the impugned orders passed by the commandant, central Industrial Security Force, Bharat Cooking Coal Limited, dhanbad under S. 19 of the Administrative tribunals Act, 1985, before the central Administrative tribunal, Patna bench but the tribunal by its order dated 18/11/1986 at the stage of admission returned the application on the ground that the tribunal had no jurisdiction to entertain the application made inasmuch as the appellants admittedly were members of the armed Force of the Union by reason of S. 2 (a) of the Act.
(3.) After hearing learned counsel for the parties, we feel that in the circumstances the matter should be remitted back to the High court for deter- mining the questions raised in the writ petition. In view of S. 3 (1 of the central Industrial Security Force Act, 1968, there can be no doubt that the appellants were members of the Armed Force of the Union, as held by the tribunal. That being so, the tribunal had no jurisdiction to entertain the applications in view of S. 2 (a) of the Administrative tribunals Act, 1985.;