Jurisdiction of high courts in service matters
Guest
(Querist) 30 December 2010
This query is : Resolved
A matter was dismissed as time barred by CAT,
without going into merits specifically mentioned in the order.
the review filed was also dismissed.
The writ petition filed impugning both orders was also dismissed in high court.
The high court made it clear tha the application was not ime barred but made another observation against the applicant without any contest and justified his termination, contrary to section 28 of Administrative Tribunals Act 1985.
1.Does principle of res judicata come in the way of filing a subsequent application before CAT for the same cause of action, as the matter was not adjudged originally there ?
2.Can a matter be adjudged originally without any contest in an appeal before high court's D.B. which is an appellate court?
3.Can appeal constitute res judicata on the original suit dismissed without heard ?
abhishek
(Expert) 30 December 2010
Hello,
Subject to information rendered by you, yes in answer to your first question
(i) Res judicata will apply on your application as all proceedings under this act is treated as judicial proceedings u/s 30 of this act(please make clear in first line you are saying CAT dismissed ur application and in question one u r saying contrary to that) and;
(ii) section 28 made it clear that high courts have no power to adjudicate on the matters covered under this act; and
(iii)you can file an appealin supreme court if you hadn't filed an appeal against the CAT order subject to limitation.
Guest
(Expert) 30 December 2010
1. resjudicata will apply for CAT since it already dismissed the petition is time barred. So only remedy is filing appeal
2. The DB has acted ultravirusly.
3. The appeal will not constitute the rejudicata. Since it is not decided on merits.
But as per procedure you file a writ before the supreme court questioning the validity of the judgement passed by the Division bench.
B K Raghavendra Rao
(Expert) 30 December 2010
The question of vires or ultravires does not matter as your petition has been dismissed for delay. It has also been upheld in review petition. When there is no life for your case, the question of resjudicata is not relevant.
Even if resjudicata does not apply, your case is hopelessly barred by time. In the matters of CAT, Supreme Court is the appellate court and hence the High Court has no jurisdiction to decide upon the merits of the case.
Guest
(Querist) 31 December 2010
Thanks to all members.
Ganesan Ji, will it be challenged under article 32?
The high court specifically admitted that the case is not time barred but dismissed it on merits without pleadings one sided.
Can we still move a fresh application before CAT using the particular phrase of judgment?
Advocate. Arunagiri
(Expert) 31 December 2010
What is the prayer in your writ petition? if you have challenged the limitation, the matter will be remanded back to the CAT for a fresh disposal.
Guest
(Querist) 31 December 2010
if i have prayed for disposal of the case on merits then, can high court adjudicate the matter whose jurisdiction lies before CAT.
Earlier also I filed a writ poetition in the same matter and high court made it forced withdraw because the jurisdiction was before CAT.
M V Gupta
(Expert) 01 January 2011
If the cause was time barred, the CAT was not required to go into the merits of the case.No use of making any further efforts.
Suresh Gupta
(Expert) 01 January 2011
i fully agree with experts
Guest
(Querist) 01 January 2011
Mr. M.V. Gupta high court specifically mentoned that the case was not time barred.But adjudicated upon the same in connection with other petition which was against a final judgment of CAT.
M V Gupta
(Expert) 02 January 2011
Dear Rashmiji,
Having held that the application filed before the CAT was not time barred, the HC ought to have remanded the case to the CAT which alone has jurisdiction to hear the case on merits and decide. I feel the observation said to have been made by the HC against the applicant (details not indicated in ur query) may maount to obiter dicta and may not have any binding force on the CAT. u may therfore consider approaching the CAT once again to reopen the matter for fresh heraring and disposal on merits. But before doing so u may have to approach the HC for modification of the order directing remand of case to the CAT for trial on merits and disposal.
Guest
(Querist) 02 January 2011
Thanks alot Gupta Ji,
I am following your worthy suggestion and going to file an application for clarification/modification of the judgment.
M V Gupta
(Expert) 03 January 2011
I would be happy to know the outcome of your application for clarification/modification. If posssible pl keep a PM in my profile.
