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Showing contexts for: article 338a in Kiri Dini Bogum General Secretary vs The National Hydro Power Corporation ... on 7 April, 2021Matching Fragments
4. Aggrieved, the claimants in whose favour this order was passed, have approached this Court by way of the present writ appeal. We have a limited scope to determine, which is, whether the Commission had the jurisdiction to pass a kind of order which it had actually passed.
5. Article 338A of the Constitution1 of India relates to the composition and power of National Commission for Scheduled Tribes.
1338 A. National Commission for Scheduled Tribes.-
(1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes.
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6. A perusal of Article 338A goes to show that the five powers, which have been given to the Commission nevertheless relates to investigation regarding complaints relating to Schedule Tribes, filing of reports and certain powers of summoning etc. or related to investigation. The Apex Court in the case of All India Indian Overseas Bank SC and ST Employees' Welfare Association & Ors. Vs. Union of India & Ors., reported in (1996) 6 SCC 606 has categorically held that the powers of Civil Court which have been given to the Commission are only for the purposes of investigation and enquiry. It