P L KANTHA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed against the order of single Judge of the High Court of Andhra Predesh, dated 15-6-94, made in CRP No. 3708/93. The petitioners filed R. P. No. 986/84 in the A. P. Administrative Tribunal constituted under the Presidential Order 1985, pursuant to the power under Article 371-D. The Tribunal by its order dated March 19, 1986, allowed their petition. For its implementation the petitioners filed a writ petition in the High Court in which by order dated 6-3-1987 the High Court directed to approach the Administrative Tribunal to seek an order under para 8(5) of the Presidential Order for its enforcement. On obtaining the certificate from the Tribunal on March 9, 1987, the petitioners filed E. P. No. 8/89 in the Court of Chief Judge, City Civil Court, Hyderabad. When the Chief Judge directed its implementation, the order in the execution came to be challenged in the High Court. The learned single Judge in the impugned order held that under S. 29 of the Administrative Tribunals Act, 1985 (for short, 'the Act'), the execution is by way of a proceeding and that, therefore, Sections 29 and 29-A of the Act get attracted. It was also held that as the present A. P. Administrative Tribunal came to be constituted under the Act, the petitioners are entitled to invoke the jurisdiction of the Tribunal for enforcement of the order passed by the erstwhile Administrative Tribunal. Feeling aggrieved, this petition has been filed.

(2.) After perusing the relevant provisions and the order of the High Court, we are of the view that the High Court is right in its conclusion that it is proceeding under Ss. 29 and 29-A of the Act and that the petitioners could avail of the remedy of enforcement before the Administrative Tribunal constituted under the Act. The relevant portion of S. 29 reads thus:

(3.) The right to adjudicate the dispute arising from the service conditions of the employees of the State has been expressly taken out from the jurisdiction of the Civil Court and the High Court, except of this Court under Article 136 and has been conferred upon the Tribunal constituted under the Act. The right to enforce the order of a Tribunal is incidental to the right to claim the relief relating to the service conditions of the employees. Having divested the jurisdiction of the Civil Courts to adjudicate these disputes, the Act did not intend to confer jurisdiction in the Civil Court of the execution of the order of the Tribunal. Therefore, the term Rs. proceeding' in S. 29 is a very wide term to mean a prescribed course of action to enforce the legal right. It indicates the prescribed mode in which the judicial business is conducted. The execution is a step in the judicial process. It seeks to enforce the final order to realise the result of the adjudication. Therefore, it is an integral part of the order passed by the Tribunal which was abolished and that new Tribunal came to be constituted under the Act. Therefore, the Tribunal constituted under the Act gets jurisdiction and power to enforce the orders passed by the Tribunal and which attained finality.