JUDGMENT

 The challenge to the validity of Section 5(6) of the Administrative Tribunals Act, 1985 (the Act) has unmasked greater issues, to examine which, we have come to the conclusion that the judgment of this Court in S.P. Sampath Kumar v. Union of India, (1987) 1SCC 124 : (AIR 1987 SC 386) which is by a Constitution Bench of five learned Judges, needs to be reconsidered by a larger Bench. Our reasons follow.

2. The Constitution (Forty-second Amendment) Act, 1976 inserted Part XIV-A in the Constitution which contains Articles 323-A and 323-B. These Articles conceive of setting up of various Tribunals as adjudicatory bodies. They inter alia, contain provision which enable, not only the Parliament but even State Legislatures, to exclude the jurisdiction of all Courts except that of this Court Article 136 with respect to matters falling within the jurisdiction of the concerned Tribunals. The Act came to be enacted by the Parliament in exercise of the powers conferred on it by Article 323-A of the Constitution. The vires of the Act was challenged before this Court which was upheld in Sampath Kumars case.

2A. While upholding the validity of Section 28 of the Act in Sampath Kumars cas