Videsh Sanchar Nigam Ltd. v. Sri Sasanka Sekhar Mitra
1989-03-08
A.K.SENGUPTA, Probodh Dinkarrao Desai
body1989
DigiLaw.ai
JUDGMENT P. D. Desai, C. J.: The appeal is taken up for hearing by treating it as included in the day's cause list. 2. The respondent (herein called "the writ petitioner") was appointed Junior Technical Assistant in the Overseas Communication Service, which was a department of the Central Government on or about March 11, 1963. On or about August 7, 1968, he was promoted to the rank of Assistant Engineer. 3. It appears that certain adverse remarks were communicated to the writ petitioner for the years 1983-84 and 1984-85. His representation for expunging the adverse remark's for the year 1983-84 was rejected. He was also not permitted to cross the Efficiency Bar with effect from October 1, 1983. He had applied for commuted leave for a certain period on account of his illness which appears to have been initially granted but ultimately it appears that the said leave was converted into earned leave. The salary and allowances due and payable to him on and from April, 1986 were also withheld. All these actions gave rise to the writ petition out of which the present appeal arises. 4. The appellants resisted the writ petition on the ground, inter alia, that in view of the enactment of the Administrative Tribunals Act, 1985, (hereinafter referred to as "the said Act"), this Court had no jurisdiction to deal with decide the case which raised questions regarding the service conditions of the writ petitioner who is Central Government employee and who is presently serving on deputation in Videsh Sanchar Nigam Limited which is a wholly-owned Central Government Company. 4A. The objection as to jurisdiction was heard as a preliminary point and was rejected by the learned Single Judge who held that since no notification under s. 14, sub-s. (2), of the said Act was issued, this Court still retained the jurisdiction to entertain and try the writ petition. Hence the present appeal. 5. The International Telecommunication Service of the country was being handled by the Overseas Communications Service which was under the control of the Ministry of Communications, Government of India. The Central Government decided to set up a wholly owned Public Sector Corporation called the Videsh Sanchar Nigam Limited (hereinafter called "the YSN") to operate, on and from April 1, 1986, the said service.
The Central Government decided to set up a wholly owned Public Sector Corporation called the Videsh Sanchar Nigam Limited (hereinafter called "the YSN") to operate, on and from April 1, 1986, the said service. This decision of the Central Government was communicated to the Director General, Overseas Communication Service, under a letter dated March 19, 1986 (Annexure 'A' to the writ petition). The material part of the said communication reads as follows; "(i) The employees sanctioned for and working in the OCS an on 31.3.1986 will be deemed to have been transferred to the Corporation on the existing terms and conditions. They will be treated as on deputation on foreign service to the Corporation without deputation allowance: (ii) The employees borre on the cadre of other Departments but now working on deputation in the OCS will be deemed to have been transferred to the Corporation on the existing terms and conditions till their cases for absorption or otherwise are decided upon by the Corporation in consultation with the cadre controlling authorities and other concerned Government Departments. (iii) The employees borne on the cadre of OCS but now working on deputation with other organisations will be treated as though on the strength of OCS as on 31.3.1986 till their cases are finaliced by the Corporation in consultation with the Government and other Organisations concerned. 4. 1. The existing structure of the pay and accounts offices attached to OCS, with full complement of staff will be retained till further orders. The position will be reviewed on quarterly basis. 4.2. Detailed accounting instructions will follow. 5. Suitable arrangement will be made separately for handling the residual work relating to maintenance of service books, leave accounts etc and other administrative matters till the employees are absorbed in the VSN finally. 6 After the VSN starts its operation the employees now working in the OCS and transferred on deputation on foreign service terms to the Corporation, will continue to be governed by the existing rules, regulations and pay scales, etc. (as applicable to Government servants) till such time they are absorbed finally by the Corporation on the basis of options and sever all connections with Government.
(as applicable to Government servants) till such time they are absorbed finally by the Corporation on the basis of options and sever all connections with Government. Those who do not opt in favour of absorption will be treated as on deputation on foreign service with the Corporation for a period of 2 years without deputation allowance and/or will be dealt with otherwise in consultation with the Department of Personnel and Training. 7. The Corporation will finalise the terms and conditions for employment in the Corporation within a period of 12 months or on any other specified dale as may be agreed upon by the Govt. (after the service terms and condition have been finalised by the Corporation), The employees will be asked to exercise their options for being absorbed ill the Company or otherwise within the stipulated period. The date of induction of the employees in the Corporation will be the date from which they have exercised the option to be absorbed in the Company with the approval of the competent authority," 6. It is not in dispute that pursuant to the decision aforesaid, the Writ Petitioner is deemed to have been transferred to VSN on and from April 1, 1986 on the terms and conditions recorded in the communication, Annexure 'A'. It is further not in dispute that he is still working on deputation and that his option for being absorbed in the VSN has not yet been called for. It is relevant to note that all the matters raised in the petition, save and except the non-payment of salary on and from April 1, 1986, relate to the period when he was in the employment of the Central Government. 7. A reference can be conveniently made at this stage to the relevant provisions of the Act.
It is relevant to note that all the matters raised in the petition, save and except the non-payment of salary on and from April 1, 1986, relate to the period when he was in the employment of the Central Government. 7. A reference can be conveniently made at this stage to the relevant provisions of the Act. The long preamble of the Act states that it was enacted in pursuance of Article 323-A of the Constitution to provide for the adjudication or trial by Administrative Tribunal of disputes and complaints with respect to "recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation or society owned or controlled by t he Government" and for matters connected there with or incidental thereto. 8. Section 14 has a direct bearing on the question arising for decision herein. The section reads as follows ; "JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS: 14. (I) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except The Supreme Court) in relation to – (a) recruitment, and matters concerning recruitment, to any All-India Service or to any Civil Service of the Union or a civil post under the Union or to a post connected with defence or in the defence services, being, in either case.
a post filled by a civilian; (b) all service matters concerning (i) a member of any' All-India Service ; or (ii) a person (not being a member of an All-India Service or a person referred to in clause (C) appointed to any civil service of the Union or any civil post under the Union; or (iii) a civilian (not being a member of an All-India Service or a person referred to in clause (c) appointed to any defence services or a post connected with defence." and pertaining to the service of such member, person or civilian, in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India, or of any corporation or society owned or controlled by the Government. (c) all service matters pertaining to service in connection with the affairs of the Union concerning a person appointed to any service or post referred to in sub-clause (ii) or sub-clause (iii) of clause (b), being a person whose services have been placed by a State Government or any local or other authority or any corporation or society or other body, at the disposal of the Central Government for such appointment. Explanation.-For the removal of doubts, it is hereby declared that references to "Union" in this sub-section shall be construed as including references also to a Union territory. (2) The Central Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-s. (3) to local or other authorities Within the territory of India or under the control of the Government of India and to corporations or societies owned or controlled by Government not being a local or other authority or corporation or society controlled or owned by a State Government : Provided that if the Central Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub-section in respect of different classes of, or different categories under any class of, local or other authorities or corporations or societies.
(3) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall also exercise, on and from the date with effect from which the provision; of this sub-section apply to any local or other authority or corporation or society, all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court) in relation to (a) recruitment, and matters concerning recruitment to any service or post in connection with the affairs of such local or other authority or corporation or society ; and (b) all service matters concerning a person other than a person referred to in clause (a) or clause (b) of sub-s. (1) appointed to any service or post in connection with the affairs of such local or other authority or corporation or society and pertaining to the service of such person in connection with such affairs." 9. Section 28 provides that "On and from the date from which any jurisdiction, powers and authority becomes exercisable under this Act by a Tribunal in relation to recruitment and matters concerning recruitment to any service or post or service matter concerning members of any service or persons appointed to any service or posts, no court except the Supreme Court or any Industrial Tribunal, Labour Court or other authority constituted under the Industrial Disputes Act, 1947 or any other corresponding law for the time being in force shall exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such recruitment or such service matters. 10. In the present case, a, per the decision of the Central Government communicated to the Director General of the Overseas Communication Services, Annexure 'A', the employees who were working in the Overseas Communication Services as on March 31, 1986 and who were deemed to have been transferred to VSN on the existing terms and conditions by treating them as on deputation on foreign service without deputation allowances, would continue to be governed by the existing rules and regulations pay scales etc. a, applicable to Government servants till such time they are absorbed by the VSN on the basis of their options and till they sever all connection with the Central Government. Tile date of induction of the employees in the VSN would he the date from which they exercise the option to be absorbed in the VSN with the approval of the competent authority.
Tile date of induction of the employees in the VSN would he the date from which they exercise the option to be absorbed in the VSN with the approval of the competent authority. It is not in dispute that such options have not yet been asked for and given. The result, therefore, is that the writ petitioner is still not inducted in the VSN as its employee, He continues to be a Central Government employee deemed to have been transferred to the Corporation on the existing terms and conditions on deputation basis on foreign service. In other words, he still holds the civil post under the Central Government to which he was appointed although he is presently rendering service in the VSN on deputation basis. The dispute raised in the writ petition indubitably falls within the de cription of service matters as defined in s. 3(A) of the Act. Under these circumstances, in our opinion, the case of the Writ petitioner is squarely governed by the provisions of s 14(1)(b) of the Act. Section 14(1) and for (3) have no applicability on the facts and in the circumstances of the Case. This Court, therefore, has no jurisdiction to entertain and adjudicate upon the disputes raised in the writ petition in view of s. 28 of the Act. 11. For the foregoing reasons, the appeal succeeds and it is allowed. The impugned decision of the learned Single Judge is quashed and set aside. 12. Since the writ petition was filed after the Central Administrative Tribunal was established, the writ petition together with the pending applications, if any, will have to be returned to the learned Counsel for the writ petitioner for being presented to the Central Administrative Tribunal By an interim order made during the pendency of the writ petition, a sum of Rs.64,64.800 was deposited with the Registrar, Appellate Side, High Court. Out of the said amount a sum of Rs. 15,000/- was paid to the writ petitioner under the order of the Court. The balance amount deposited with the Registrar, Appellate Side, will be paid back to the appellants after the expiry of a period of one month from the date or upon maturity of the deposit, if any, with the Ban k whichever is later No. order as to costs. Ajit Kumar Sengupta, J.: I agree.
The balance amount deposited with the Registrar, Appellate Side, will be paid back to the appellants after the expiry of a period of one month from the date or upon maturity of the deposit, if any, with the Ban k whichever is later No. order as to costs. Ajit Kumar Sengupta, J.: I agree. Appeal allowed; direction given for return of the application for being presented to the Central Administrative Tribunal.