Central Administrative Tribunal - Delhi
Shri Tejpal Singh vs The Govt. Of National Capital Territory ... on 5 March, 2010
Central Administrative Tribunal
Principal Bench, New Delhi.
TA 966/2009
New Delhi this the 5th day of March, 2010
Honble Mr. N.D. Dayal, Member (A)
Shri Tejpal Singh,
S/o Shri Bihari Lal,
R/o House No. 31A/227,
Chander Lok Lolony,
Mandoli Road, Delhi -110093. Applicant
(By Advocate: Shri Ashok Aggarwal )
Versus
1. The Govt. of National Capital Territory of Delhi
Through its Secretary (Labour),
15, Rajpur Road, Delhi -110054.
2. Management of Delhi Development Authority,
Through its Secretary,
Vikas Sadan , I.N.A., Market.
New Delhi.
3. Management of Delhi Water Supply
& Sewage Disposal Undertaking,
(Municipal Corporation of Delhi),
Through its Additional Commissioner,
Varunalaya Building,
Jhandewalan, New Delhi-110055. Respondents
(By Advocate: None)
ORDER (ORAL)
Learned counsel for the applicant brings to notice the averments made in this TA wherein the applicant has sought remedy under the Industrial Disputes Act, 1947 (for short ID Act). He therefore submits that since the grievance of the applicant is that reference was not made by the Government under the ID Act to the appropriate forum, such as Labour Court under the Industrial Tribunal, the jurisdiction in this matter would lie upon appropriate court which deals with the ID Act. Since this Tribunal administers the A.T.Act, 1985, it may not have jurisdiction to give directions with regard to making of reference under the ID Act. Therefore, it may not be possible for this court to ask the Government to make a reference under ID Act, as prayed for by the applicant.
2. None has appeared on behalf of the respondents. Learned counsel for the applicant has placed before the Court Section 10 of the ID Act which empowers the Government to refer such matters to the appropriate forum. It is noticed that this case has been received on transfer from the Honble High Court of Delhi by order of 13.03.2009 where it had been filed as WPC No. 447/96. Since it appears that this Tribunal would have no jurisdiction to pass orders in this matter, it would be appropriate to transfer it back to the Registry of the Honble High Court of Delhi to deal with further. Let the Registry of the Tribunal take necessary steps in this regard to transfer the case back within one week. The TA is disposed of in terms of the above order. No costs.
(N.D.Dayal) Member (A) /kdr/