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2011 Supreme(Cal) 594

MRINAL KANTI SINHA, PRATAP KUMAR RAY
KENDRIYA VIDYALAYA SANGATHAN REPRESENTED BY THE JOINT COMMISSIONER (ADMIN. ) – Appellant
Versus
Prem Narayan Pandey – Respondent


Advocates Appeared:
Paresh Chandra Maiti, Dwgadas Purakaystha, Md. Kalam, Farook M. Razack, Anup Kumar Biswas, Priyanka Bhutoria, Abdur Rahaman, Subrata Chakraborty

JUDGMENT

Pratap Kumar Ray, J.

1. HEARD the learned advocates appearing for the respective parties.

2. WRIT application W.P.C.T. No.310 of 2008 has been filed assailing the order of learned Central Administrative Tribunal adjudicating a service dispute raised by one employee of Kendriya Vidyalaya Sangathan against Kendriya Vidyalaya Sangathan, a society registered under the Societies Registration Act, 1860. In course of hearing the Court felt that the questions as framed below, for effective adjudication of the matter, as the answers of those questions may go to the root of the matter regarding jurisdiction of Central Administrative Tribunal to decide service dispute of any employee of the Society registered under the Society Registration Act and is controlled by the Central Government, though the jurisdiction issue of the Tribunal was not raised by the present writ petitioner or by the respondent employee, should be dealt with and as such this Court exercising its power under Article 226 of the Constitution of India, has set up following questions as additional points for decision, on giving full opportunity of hearing to the respective parties before us. The Court has power to frame

































































































































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