- (1.) THE above application has been filed by the applicants against the order of summary dismissal of the original application of the applicant. It appears that the learned Tribunal entertained the application, however, did not grant any relief, observing in substance that there has been alternative remedy against unauthorized occupation by one of the retired employees, which can be availed of under the provision of Public Premises (Eviction of Unauthorized Occupants) Act.
(2.) BEFORE us none appears for respondent, so it is contended by the learned counsel for the applicant that the learned tribunal should have entertained the application as the Tribunal of the Principal Bench at delhi in past has entertained this kind of application and granted relief by passing appropriate order and it was also affirmed by the Hon'ble High Court at Delhi and in another matter in O. A. 2415 of 1989 in past this kind of application was also tested its maintainability, successfully right up to the apex Court.
(3.) MR. Mintu Kumar Goswami learned advocate for the petitioner contends that public Premises (Eviction of Unauthorized occupants) Act has no manner of application as the quarter and/or accommodation held by the employees of the first applicant cannot be termed or defined as a public premises. On the question of maintainability and jurisdiction of the Tribunal he has drawn our attention to Section 3 (q) which is quoted hereunder. "service Matters : In relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the government of India, or as the case may be of any corporation or society owned or controlled by the Government, as respects. (1) Remuneration (including allowances), pension and other retirement benefits. (2) Tenure including confirmation, seniority, promotion, reversion, premature retirement, superannuation. (3) Leave of any kind. (4) Disciplinary matters or (5) Any other matters whatsoever. ;