- (1.) Heard the learned advocates appearing for the respective parties.
(2.) Writ application W.P.C.T. No.310 of 2008 has been filed assailing the order of learned Central Administrative Tribunal adjudicating a service dispute raised by one employee of Kendriya Vidyalaya Sangathan against Kendriya Vidyalaya Sangathan, a society registered under the Societies Registration Act, 1860. In course of hearing the Court felt that the questions as framed below, for effective adjudication of the matter, as the answers of those questions may go to the root of the matter regarding jurisdiction of Central Administrative Tribunal to decide service dispute of any employee of the Society registered under the Society Registration Act and is controlled by the Central Government, though the jurisdiction issue of the Tribunal was not raised by the present writ petitioner or by the respondent employee, should be dealt with and as such this Court exercising its power under Article 226 of the Constitution of India, has set up following questions as additional points for decision, on giving full opportunity of hearing to the respective parties before us. The Court has power to frame the questions as additional points having regard to the judgement of the Apex Court passed in the case V. K. Majhotra v. Union of India, 2003 8 SCC 40 paragraph 8, a judgement of two Judges Bench and the judgement passed in the case Som. Mittal v. Government of Karnataka, 2008 3 SCC 574, a judgement of three Judges Bench, paragraph 11 of the report. -
(3.) On the said canvass, we framed the following questions: 1. Whether of preamble, long title under section 2, section 4(d) & (rr), section 8, 11, 12, 14 & 20 of Administrative Tribunals (Amendment) Act, 1986 incorporating the word 'Society' in Administrative Tribunals Act, 1985, the principal Act, in different sections as referred to by inclusion of word 'society', are ulta vires to Article 323A of the Constitution of India, when Article 323A did not stipulate the word 'society', empowering Parliament to frame law for setting up Tribunal in respect of service dispute of employees of 'Society' controlled by Government and source of setting up Administrative Tribunal, is Article 323A of the Constitution of India and whether by this process a breach of Article 368 of the Constitution of India, was committed by Parliament? 2. Whether meaning of the word 'and' joining two words 'public service' and 'post' is disjunctive as 'or', appearing in Article 323A of Constitution' of India? 3. Whether the power of the Parliament to set up/establish Administrative Tribunals to deal with the recruitment and condition of service of the Union or of any State or of any local or other authority or of any corporation owned and controlled by the government, could be exercised to resolve service disputes of holder of services and post thereof only or does it require that such services and such posts, should be "public services and posts" in connection with the affairs of those bodies mentioned, namely, union or state or local or other authority or any corporation? 4. Whether an employee working in Kendriya Vidyalaya Sangathan is the holder of post which could be termed as public service and public post ? 5. Kendriya Vidyalaya Sangathan being a society whether could be brought under the umbrella of Article 323A for exercising the power by the Parliament to amend the Administrative Tribunal Act, 1985, by act 19 of 1986, for incorporating word 'society' in section 14(1)(c) under chapter III of the said Act which relates to jurisdiction, power and authority of Tribunals and in other provisions of said Act ? 6. Whether in absence of incorporation of the word "society" under Article 323A specifically, but incorporation of the word "Corporation specifically", in the said provision by constitutional amendment having regard to Article 368 of the Constitution of India, Parliament can in exercise of power under Article 323A, may set up the Administrative Tribunal to decide the service dispute-of "society" by amending section 14 of the Administrative Tribunal Act, 1985 and in terms of notification dated 17th December, 1998 being JSR 748(d) can notify Kendriya Vidyalaya Sangathan within the Administrative Tribunal umbrella ? 7. When Parliament in terms of Article 368 of the Constitution of India, amended the Constitution by incorporating Article 323A following a lengthy procedure as laid down thereto which includes acceptance of the wishes of the Parliament, in the manner stated, whether Parliament by amending Administrative Tribunal Act in the manner aforesaid while incorporating the word "Society" in section 14, transgressed the constitutional framework of amending the Constitution under Article 368 of the Constitution of India. 8. Whether the word 'other authority' in Article 323A of Constitution of India, includes 'society' registered under Societies Registration Act, 1860 and controlled by Government, so that Parliament may set up Tribunal to resolve service disputes of society?;