THE CENTRAL ADMINISTRATIVE TRIBUNAL ACT, 1985 IS INTENDED TO ENABLE ONLY EMPLOYEES TO APPROACH THE ADMINISTRATIVE TRIBUNAL INITIATING ACTION AND IT DOES NOT ENABLE THE EMPLOYER OR THE RESPONDENT WHO CAN ONLY CONTEST IF ACTION IS BROUGHT AGAINST IT.

1. THE above application has been filed by the applicants against the order of summary dismissal of the original application of the applicant. It appears that the learned Tribunal entertained the application, however, did not grant any relief, observing in substance that there has been alternative remedy against unauthorized occupation by one of the retired employees, which can be availed of under the provision of Public Premises (Eviction of Unauthorized Occupants) Act.

2. BEFORE us none appears for respondent, so it is contended by the learned counsel for the applicant that the learned tribunal should have entertained the application as the Tribunal of the Principal Bench at delhi in past has entertained this kind of application and granted relief by passing appropriate order and it was also affirmed by the Hon'ble High Court at Delhi and in another matter in O. A. 2415 of 1989 in past this kind of application was also tested its maintainability, successfully right up to the apex Court.

Mr. Mintu Kumar Goswami learned advocate for the petitioner contends that public Premises (Eviction of Unauthorized occupants) Act has no manner of application as the quarter and/or accommodation held by the employees of the first applicant cannot be termed or defined as a public premises. On the question of maintainability and jurisdiction of the Tribunal he has drawn our attention to Section 3 (q) which is quoted hereunder.

"service Matters : In relation to a person, means all matters relating to the conditions of his service 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 as the case may be of any corporation or society owned or controlled by the Government, as respects. (1) Remuneration (including allowances), pension and other retirement benefits. (2) Tenure including confirmation, seniority, promotion, reversion, premature retirement, superannuation. (3) Leave of any kind. (4) Disciplinary matters or (5) Any other matters whatsoever.

3. HE urges drawing our attention to the relevant portion of judgment of the learned tribunal in O. A. 2415 of 1989.

4. THE preamble of the Act, which indicates the purpose of the legislation and makes it very clear that the Act is meant for adjudication or trial of disputes and complaints with respect to recruitment and conditions of service, and matters connected therewith or incidental thereto. Though it may generally be so that the employees approach the Tribunal for redressal of their grievance, yet it does not necessarily mean that the claim cannot be lodged from the other side. If it were to be so assumed, then one of the parties to the dispute or claim would be left without any remedy as the act debars the jurisdiction of all Courts except the Supreme Court of India. He further contends that the Bench while concluding above has also relied on a decision of the Division Bench of the Patna bench of the Tribunal wherein the learned tribunal has adopted the definition of the word "person" in Section 3 (42) of General clauses Act 1897. Thus it was held that the disputes and complaints which could be raised by either of the parties viz. employer or the employee. The above decision of the principal Bench was taken to the Apex Court and the Apex Court dismissed SLP not interfering with the same.

He therefore, contends that this application is maintainable particularly when this question was not raised before the tribunal.

5. WE are of the view as because question was not raised before the Tribunal it does not mean that this Court cannot examine this question to entertain the action under the said Act, initiated by the employer before us and also before Tribunal.

6. BEFORE we decide this issue of jurisdiction of Tribunal in entertaining the application made by the employer, we are to examine various provisions of the administrative Tribunals Act 1985. While doing so we are