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2013 Supreme(Ker) 324

High Court of Kerala
THOTTATHIL B. RADHAKRISHNAN & BABU MATHEW P. JOSEPH, JJ.
M.B. Gireesh Babu & Others
Versus
T.T.V. Pavithran & Others
OP(KAT).No. 1286 of 2013 (Z)
Decided On : 19-06-2013

Advocates:
Advocate Appeared:
For the Petitioners:Kaleeswaram Raj, Advocate.
For the Respondents:R1, R2, R4-R7 & R9-R12, Mrs. P.V. Asha, Advocate, Noble Mathew, Senior Government Pleader.

Headnote:

Constitution of India - Articles 227, 323A and 323B - Administrative Tribunals Act, 1985 - Section 15 - Kerala Administrative Tribunal - Writ Petition - Service Matter - Jurisdiction of Tribunal - Held, Approach made to the High Court for the first time by these appellants in respect of their service disputes over which C.A.T. has jurisdiction, is not legally sustainable - Petition dismissed.

Judgment :-

Thottathil B. Radhakrishnan, J.

1. The petitioners claim that they are holders of National Trade Certificate or National Apprentice-ship Certificate in the concerned trade for being considered for appointment to the category of Workshop Attender in terms of the Special Rules for the Kerala Craftsmen Training Subordinate Service. They claim that respondents 1 to 12 do not possess such qualification; yet they have got an order from the Kerala Administrative Tribunal on the basis that Diploma in the concerned branch of Engineering with reference to the relevant trade is equivalent to the aforesaid trade certificate or apprentice-ship certificate. Petitioners say that they are aggrieved by it. They have, therefore, invoked Article 227 of the Constitution challenging Ext.P1 order of the Kerala Administrative Tribunal issued under the provisions of the Administrative Tribunals Act, 1985.

2. The learned counsel for the petitioners made earnest attempt to point out that Jyoti's case (K.K.Jyothi v. Kerala Public Service Commission (JT 2002 Suppl. 1 SC 85) relied on by the Tribunal is not decisive and the relevant field of judge made law is occupied by different other precedents laid down by the Division Bench of this Court and also some other judgments of the Honourable Supreme Court of India.

3. This Court, however, even at the stage of consideration of this case for admission, had minuted an order indicating that the effect of the pronouncement of the Honourable Supreme Court of India in Rajeev Kumar and another v. Hemraj Singh Chauhan [(2010) 4 SCC 554)] needs to be considered. Hence, notice was issued before admission.

4. We have heard the learned counsel for the petitioners and the learned counsel for the private respondents.

5. Faced with the discussions in paragraphs 7 to 14 of Rajeev Kumar (supra) and the pointed conclusions arrived at in paragraph 11 of that judgment, on the basis of the ratio of L.Chandra Kumar v. Union of India [(1997) 3 SCC 261], the learned counsel for the petitioners attempted to distinguish Rajeev Kumar by saying that while in that case, the employees - Rajeev Kumar and another, had applied for impleadment in a petition pending before the High Court against the decision of the Central Administrative Tribunal, while the petitioners herein have come directly to this Court invoking Article 227 of the Constitution. Though the learned counsel for the petitioners thus tried to draw a distinction between original petitioners and impleading petitioners, we do not see any room for classification of the parties on that basis. We say this because, in Rajeev Kumar, the categoric statement of the Apex Court is that "the approach made to the High Court for the first time by these appellants in respect of their service disputes over which CAT has jurisdiction, is not legally sustainable." It was also held that the Division Bench of the High Court fell into an error by allowing to treat the High Court as a court of first instance in respect of their service disputes for adjudication for which CAT has been constituted. In Rajeev Kumar, the Apex Court had pointed out that in view of the clear law laid by the Constitution Bench in L.Chandra Kumar (supra), the approach of the High Court treating itself as the court of first instance overlooking the jurisdiction of the Tribunal was unacceptable. Those principles apply on all fours to matters arising from decisions of all Tribunals constituted under the Administrative Tribunals Act, 1985, including the Kerala Administrative Tribunal.

6. Incidentally, the Apex Court had also noted in Rajeev Kumar that the Tribunal has also the power of review. We do not see that expression, as excluding any other mode available before the Tribunal, for grant of relief, to persons who were entitled to be heard, if found so; yet, not heard before the verdict was handed down by it.

7. The learned counsel for the petitioners also made reference to Shama Prashant Raje v. Ganpatrao [(2000



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