- (1.) THIS revision petition is directed against the order of the Senior Subordinate Judge, Chandigarh dismissing the application of the petitioner for transferring the Civil suit titled The Council of Scientific and Industrial Research, Raffi Marg, New Delhi-1. v. Sh. Dilbagh Singh Sian to the Central Administrative Tribunal, Chandigarh.
(2.) THE facts:the petitioner is a Society registered under the Societies Registration Act. It framed its regulations and bye-laws which were duly approved by the Government of India. Bye-law 5 of the Bye-Jaws provides that the Director General may authorise the Joint Secretary (Administration) or any other officer to file and defend suits and other proceedings on behalf of the Society. The Director General authorised the Legal Adviser to file this revision petition. The respondent is an employee of the petitioner. Before transfer, he was posted at Chandigarh and was allotted quarter No. C-60, C. S. I. R. Colony, Sector 30. Chandigarh He was transferred to Calcutta vide order dated July 30, 1984 and on his transfer he was ordered to vacate the quarter. He unsuccesfully challenged the order of transfer before the Central Administrative Tribunal, Chandigarh Bench, Chandigarh. The judgment was rendered on December 10, 1987. A civil suit for mandatory injunction requiring the respondent to vacate the quarter and for recovery of mesne profits was filed by the petitioner in the Civil Court at Chandigarh. All application was filed under Section 29 of the Administrative Tribunals Act, 1985 (for short the Act) for transfer of the suit to the Central Administrative Tribunal, Chandigarh, The same was declined on May 30, 1989.
(3.) THE Subordinate Judge after referring to the provisions of Sections 9 and 28 of the Act came to the conclusion that the matter has to be adjudicated upon by the Civil Court and that the application for transfer is lacking in bonafide. The approach of the trial court is unsustainable at law. The Act was enacted to provide for the adjudication by Administrative. Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts 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 of any corporation or society owned or controlled by the Government in pursuance of Article 323-A of the Constitution. The purpose was for expeditious disposal of the disputes between the employers and, the employees. Allowing residential accomodation to its employee during the period of employment may be pursuant to the terms and conditions of employment or a concession granted by the employer to the employee. Nevertheless it will partake the condition of service. An employee posted at a particular station during the course of employment may be allotted residential accommodation. If he/she is transferred from that place the employer has a right to have immediate possession of the premises. The respondent was transferred to Calcutta as far back as July 30, 1984. He did not vacate possession of the quarter allotted to him during his posting at Chandigarh when called upon to do so necessitating the filing of the civil suit for permanent mandatory injunction to vacate the quarter. Section 29 of the Act reads thus : "transfer of pending cases- (1) Every suit or other proceeding pending before any court or other authority immediately before the date of establishment of a Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen. after such establishment, within the jurisdiction of such Tribunal, shall stand transferred on that date to such Tribunal ; Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a High Court. (2) Every suit or other proceeding pending before a Court or authority immediately before the date with effect from which jurisdiction is conferred on a Tribunal in relation to any local or other authority or corporation (or society), being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after the said date, within the jurisdiction of such Tribunal, shall stand transferred on that date to such Tribunal: Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a High Court. Explanation.-For the purposes of this sub-section "date with effect from which jurisdiction is conferred on a Tribunal", in relation to any local or other authority or corporation (or society), means the date with effect from which the provisions of sub-section (3) of Section 14 or, as the case may be, sub-section (3) of Section 15 are applied to such local or other authority or corporation (or society ). (3) Where immediately before the date of establishment of a Joint Administrative Tribunal any one or more of the States for which it is established, has or have a State Tribunal or State Tribunals, all cases pending before such State Tribunal or State Tribunals immediately before the said date together with the records thereof shall stand transferred on that date to such Joint Administrative Tribunal. Explanation.-For the purposes of this sub-section "state Tribunal" means a Tribunal established under sub-section (2) of Section 4. (4) Where any suit, appeal or other, proceeding stands transferred from any court of other authority to a Tribunal under subsection (1) or sub section (2 ). (a) the court or other authority shall, as soon at may be after such transfer, forward the records of such suit, appeal or other proceeding to the Tribunal; and (b) the Tribunal may, on receipt of such records, proceed to deal with such suit, appeal or other proceeding, so far as may be, in the same manner as in the case of an application under Section 19 from the stage which was reached before such transfer or from any earlier stage or de novo as the Tribunal may deem fit. (5) Where any case stands transferred to a Joint Administrative Tribunal under sub-section (3), the Joint Administrative Tribunal may proceed to deal with such case from the stage which was reached before it stood so transferred. (6) Every case pending before a Tribunal immediately before the commencement of the Administrative Tribunals (Amendment) Act, 1987, being a case the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, within the jurisdiction of any court, shall, together with the records thereof, stand transferred on such commencement to such court (7) Where any case stands transferred to a court under subsection (6), that court may proceed to deal with such case from the stage which was reached before it stood so transferred. ";