J&K High Court to hear the issue of jurisdiction with regard to the Service Disputes of the Employees of Municipal Committees / Tribunals  / Councils / Corporations

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  • Post published:February 20, 2022
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The Division Bench of the High Court of J&K and Ladakh comprising of Justice Ali Mohammad Magrey and Justice Mohd. Akram Chowdhary has observed that the issue with regard to jurisdiction qua the service disputes of the employees belonging to various Municipal Committees, Councils and Corporation in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh requires a detailed decision by this Court after hearing all concerned.

The Court was hearing an appeal (Letter Patent Appeal) against the final order passed by the Single Judge whereof the Writ Petition of the appellant has been transferred to the Central Administrative Tribunal, Jammu on the ground that the Writ Petitioner/ appellant herein was a member of the J&K Urban Local Body Institutions (Management), Service constituted by the Rules of 2008 and holds a civil post under the Union Territory of J&K.

The Appellant challenged the Order passed by the learned Single Judge with particular reference that the service disputes concerning the employees of various Municipal Committees/ Councils/ Corporations are not entertained by the Central Administrative Tribunal in view of lack of jurisdiction as no notification stands issued by the Central Government under Section 14(2) of the Act of Administrative Tribunals Act, 1985 conferring jurisdiction upon the Tribunal to hear and decide such disputes.

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Mr B. A. Bashir, the learned Senior Counsel, appearing for the appellant made reference to the Order passed by the Central Administrative Tribunal Bench, Jammu in a similar case wherein the service dispute of the employees belonging to the Municipal Committee, Anantnag has been dismissed on the ground that the Tribunal has no jurisdiction in the matter inasmuch as no notification has been issued by the Central Government in this behalf under Section 14(2) of the Act of 1985.

The learned Senior Counsel contended that already a number of similarly situated employees belonging to various Municipal Committees, Councils and Corporations in the Union of Territory of Jammu and Kashmir have filed Writ Petitions before this High Court which Petitions have been entertained and are pending adjudication before this Court.

Mr Rais-ud-Din Ganai, the learned Government Advocate, submitted that a number of Writ Petitions filed by the employees of various Municipal Committees, Councils and Corporations are pending adjudication before this High Court and, as such, a detailed decision is required in all those matters as to whether this Court has the jurisdiction to hear such Petitions or that the same are to be transferred to the Tribunal.

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The Court after considering the matter observed that the issue with regard to jurisdiction qua the service disputes of the employees belonging to various Municipal Committees, Councils and Corporation in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh requires a detailed decision by this Court after hearing all concerned.

The Court directed the Registry to list the Writ Petition filed by the Petitioner/ appellant herein before the Single Bench having the Roster on Monday, the 21st of February, 2022 for consideration and necessary orders.

The Order impugned passed by the learned Single Judge to that extent shall remain stayed, the Court held.

The instant appeal is listed for hearing on 09-05-2022 along with the connected one being LPA No. 125/2021.

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Case Details:
Sarfaraz Ahmad Bhat vs Union Territory of J&K & Ors
LPA No. 123/2021 c/w LPA No. 125/2021
Bench: Srinagar
Coram: Justice Mohd. Akram Chowdhary and Justice Ali Mohammad Magrey.
Mr B. A. Bashir, Senior Advocate with Ms Falak Bashir, Advocate.
Mr Mohammad Rais-ud-Din Ganai, Government Advocate
Date of Order: 17-02-2022