National Council Of Educational Research And Training, New Delhi & Another vs Banamali Dalei

M.S. Raman, J

This matter is taken up through hybrid mode.

Heard Mr. Bimbisar Dash, learned counsel for the petitioner and none appears for the opposite party.

Against the order dated 01.10.2004 passed by the learned Ad-hoc Additional District Judge, Fast Track Court No.III, Bhubaneswar, the present civil revision is preferred under Section 115 of the Code of Civil Procedure. The petitioners appear to be aggrieved by the following observation of the said order:-

“During course of argument the learned counsel for defendant has filed gazette notification of India Extraordinary part dt.4.1.2002 to establish that the organization is an autonomous body under Resource Development, Govt. of India. He has also drawn the attention of the Court to Section 14 of Central Administrative Tribunal Act. He has cited decision of Supreme Court reported in AIR 1990 page 255 where the finding is that in the matters of declaration in dismissal of plaintiff from service was bad and void is not maintainable before Civil Court. From the discussion of the averment of the petition and findings of decision of defendants side it is found that Civil Court has no jurisdiction to try the present suit and it is a matter to be decided by the Administrative Tribunal. No provision or citation has been shown from the defendants side regarding transfer of the present suit to Central Administrative Tribunal. Therefore, the suit is dismissed as not maintainable.”

As submitted by Mr. Bimbisar Dash, learned counsel appearing for the petitioners, it transpires that at the time the trial Court has transmitted the records to the learned Central Administrative Tribunal for adjudication, the National Council of Educational Research and Training, New Delhi was not notified. However, he conceded that subsequent to passing of order dated 01.10.2004 by the learned Ad-hoc Additional District Judge, Fast Track Court No.III, Bhubaneswar, the Central Government has notified that dispute of present nature raised in the said Organization shall be amenable to the Central Administrative Tribunal and now the said Tribunal is competent to deal with such subject-matter.

In view of the above submission, without delving into the legal issue raised before this Court in the present civil revision, this Court is of the opinion that the petitioners are at liberty to pursue their remedy in accordance with law before appropriate forum. The question of law raised herein is left open to be decided at appropriate stage. It is clarified that this Court has not expressed any opinion on the merits of the case.

With the aforesaid observation, this Civil Revision Petition stands disposed of..

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