ALLAHABAD HIGH COURT
Mr. Bhagwati, CJ, Ranganath Misra, J
Udai Bhan Singh Chauhan v. Union of India and Others
| Table of Content |
|---|
| 1. analysis of administrative tribunals act regarding high court jurisdiction. (Para 1 , 5 , 6) |
| 2. differing views on writ jurisdiction post-tribunal formation. (Para 3 , 4 , 9) |
| 3. court's final ruling on jurisdiction and transfer of proceedings. (Para 8 , 10) |
| 4. concluding remarks on writ petitions and their delegation to the tribunal. (Para 11 , 12) |
1. A Division Bench of this Court in Udai Bhan Singh Chauhan v. Union of India, 1986 UPLBEC 329 while disagreeing with the view taken by another Division Bench in M.B. Shukla v. Union of India , 1986 UPLBEC 317 : 1986 Lab IC 1034 has referred the following two questions for the opinion of a larger Bench :
(1) Whether Section 28 read with Section 14 (1) of the Administrative Tribunals Act, 1985 (Central Act 13 of 1985) excludes the jurisdiction, power and authority of this Court exercisable under Article 226/227 of the Constitution in this behalf?
(2) Whether action in writ jurisdiction under Article 226 or Article 227 of the Constitution in relation to this subject matter is "proceeding" within the meaning of the expression used in Section 29 (1) of the Act and, as such, stands transferred on the appointed date of the Centra
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