Central Administrative Tribunal - Delhi
Braham Pal Singh vs Municipal Corporation Of Delhi (Mcd) on 4 February, 2011
Central Administrative Tribunal
Principal Bench
TA No.282/2009
WITH
TA No.14/2010
New Delhi, this the 4th day of February, 2011
Honble Mrs. Meera Chhibber, Member (J)
Honble Dr. Ramesh Chandra Panda, Member (A)
I. TA No.282/2009
1. Braham Pal Singh
S/o Shri Bhanwar Singh
R/o C-110, Prashant VIhar,
Delhi 110 085.
2. Harish Chander Dhingra
S/o Late Shri Tek Chand
R/o J-11/41, Rajouri Garden,
New Delhi.
3. Balbir Singh
S/o late Shri Chanan Ram
R/o WZ-17B, New Sahibpura,
Tilak Nagar,
New Delhi 110 018.
4. P. S. Johar
S/o Late shri Surindar Singh Johar
R/o 37, Plot No.42,
Lakeview Apartments,
Sector-9, Rohini,
New Delhi.
5. Subash Chander
S/o Shri Lalta Prasad Sharma
R/o H.No.575, Gali No.16-A,
Adarsh Mohalla, Maujpur,
Delhi-110 053.
6. Radhey Shyam Gupta
S/o Late Shri R. L. Gupta
R/o E-2/5/37 (MIG)
Sector 15, Rohini,
New Delhi.
Applicants.
(By Advocate :Rishabh Jain for Shri Rajat Aneja and Shri R.R. Krishan )
Versus
1. Municipal Corporation of Delhi (MCD),
Though its Additional Commissioner,
SLUM & J.J. Department,
Punarvas Bhawan,
ITO, I.P.Estate,
New Delhi.
2. Director (Administration),
SLUM & J.J. Department,
MCD Punarvas Bhawan,
ITO, I.P.Estate,
New Delhi.
3. National Commission for Scheduled Castes
Through its Chairman
Lok Nayak Bhawan,
Vth Floor,
Khan Market,
New Delhi.
4. Shri Ram Dayal Ram,
Junior Engineer (Civil),
c/o Office of Executive Engineer,
CD-II, Inderlok,
SLUM & J.J. Department (MCD)
New Delhi.
5. Shri D. K. Singh
Assistant Engineer (Civil)
C/o Office of Executive Engineer,
Enforcement Division (S)-II,
Slum and J. J. Department (M.C.D.)
Rana Pratap Bagh,
New Delhi.
. Respondents.
(By Advocate : None)
II. TA No.14/2010
1. DDA (Slum) SC/ST,
Engineers Association (Regd.),
Vikas Bhawan Annexe.
I.P. Estate,
New Delhi
Through its General Secretary Shri Vijay Pal.
2. Shri Phool Singh,
S/o Shri Ram Swaroop,
R/o 1/3334-A, Ram Nagar Extension,
Mandaoli Road,
Shahdara,
Delhi-110032.
3. Shri Dori Lal,
S/o Laxman Singh,
R/o ?-207A, Vani Vihar,
Uttam Nagar,
New Dselhi-110 059.
4. Shri Ram Dass,
S/o Shri Hari Ram,
R/o G-45, Shakapur Extension,
Delhi-110 092.
5. Shri Ravinder Kumar,
S/o Shri Khushi Ram,
R/o G-43/B, Staff Quarters,
Slum Wing, DDA,
Tilak Vihar,
New Delhi-110018.
Applicants
(By Advocate :Rishabh Jain for Shri Rajat Aneja and Shri R.R. Krishan )
Versus
1. Municipal Corporation of Delhi (MCD),
Through Commissioner,
Town Hall,
Delhi
2. Commissioner (Slum-I),
Delhi Development Authority, (now under M.C.D),
Vikas Bhawan Annexie.
I.P. Estate,
New Delhi.
3. Director (A&V) Slum Wing,
Delhi Development Authority (now under M.C.D),
Vikas Kutir,
ITO,
New Delhi-110 002.
4. Union of India,
Through Secretary,
M/s Urban Development,
Nirman Bhawan, New Delhi,
5. Union of India,
Through Secretary.
Min. of Personnel, Public Grievances and Pensions,
Department of Personnel & Training,
North Block,
New Delhi,
6. The National Commission of SC & ST,
Through Chairman.
5th Floor, Lok Nayak Bhawan,
New Delhi-110 003.
Respondents
(By Advocate : None)
: O R D E R :
Dr. Ramesh Chandra Panda, Member (A) Pursuant to the notification issued by the Central Government dated 01.12.2008 whereby the matter of service disputes relating to the Municipal Corporation of Delhi (MCD) came within the jurisdiction of this Tribunal, the Honble High Court of Delhi vide its order dated 27.01.2009 , the Writ Petition (C) No.16955-60/2004 and WP(C) No.3126/1992 were transferred to this Tribunal which were respectively registered as TA No.282/2009 and TA No.14/2010.
2. Consequently, the case was very extensively heard on many occasions and finally both the TAs were indicated as Part Heard by us. However, when the case came up, on 28.10.2010, we were informed by the counsel for Respondents that this Tribunal would not have jurisdiction to deal with the disputes any longer as the Slum & J.J. Department of Municipal Corporation of Delhi has been converted into Delhi Urban Shelter Improvement Board (Board in short ) vide notification dated 25.08.2010. It was contended that this being a statutory Board, the service disputes relating to the employees of the said Board, needs to be notified under Section 14(2) of the Administrative Tribunals Act, 1985 for adjudication and in the absence of such a notification, the Tribunal would not have jurisdiction.
3. The case was adjourned on that day and when the matter came up today, the learned counsel for the Applicant drew our attention to the judgment of this Tribunal in RA No.254/2010 passed in TA No.14/2010 wherein the Tribunal having taken note of the jurisdictional issue in view of the formation of statutory Board, the Coordinated Bench of this Tribunal, passed the order in the said RA. He, therefore, submitted that the Tribunal having passed such orders in the RA would have jurisdiction to deal with the issues, on which the Tribunal has jurisdiction over the MCD and the Applicants in the present TAs were earlier employees of the Municipal Corporation of Delhi. On a close study of the orders in the said Review Application, we note that the coordinated Bench has dismissed the RA on merits. The said order has not set any legal finding relating to the jurisdiction of this Tribunal on the Board.
4. We have very carefully and thoughtfully given our consideration to the above contentions of the learned counsel for the Applicant and note that when the Writ Petitions were transferred to this Tribunal at that point of time, the Tribunal has been vested with the jurisdiction as per the Government of India notification under Section 14(2) of the Administrative Tribunals Act, 1985 deal with service disputes of MCD. The Applicants in both TAs being the employees of MCD, we were hearing the case. From the date of taking up the TA on transfer from Honble High Court of Delhi to till today, the nature of dispute though continues to remain same, but organizational jurisdiction has gone away from this Tribunal, as under Section 14(2) of the Administrative Tribunals Act, the Delhi Urban Shelter Improvement Board has not yet been notified to come within the jurisdiction of this Tribunal. Thus, the case which was at the advance stage of hearing, could not be decided by us, as we lack jurisdiction. The Central Administrative Tribunal has become the court of non-judis. Therefore, the Applicants have to seek their remedy in accordance with the law in the appropriate forum.
5. In view of our above reasons and our discussions, we are of the considered view that these two TAs needing adjudication on the controversies relating to the Applicants who are at present not with MCD but are with Delhi Urban Shelter Improvement Board, which is not within the purview of this Tribunal, we dispose of this OA with the direction to the Registry to place both TAs before the Registrar of Honble High Court of Delhi for appropriate action. Let a copy of this order be placed in each of the TA files. No Costs.
(Dr. Ramesh Chandra Panda ) ( Mrs. Meera Chhibber )
Member (A) Member (J)
/rk/