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Section 28 The Administrative Tribunals Act, 1985

The Administrative Tribunals Act, 1985

 

 

28. EXCLUSION OF JURISDICTION OF COURTS EXCEPT THE SUPREME COURT UNDER ARTICLE 136 OF THE CONSTITUTION. –

 

On and from the date from which any jurisdiction, power and authority becomes exercisable under this Act by a Tribunal in relation to recruitment and matters concerning recruitment to any service or post or service matters concerning members of any service or persons appointed to any service or post, 1no Court except –

 

(a) the Supreme Court; or

 

(b) any Industrial Tribunal, Labour Court or other authority constituted under the Industrial Disputes Act, 1947 (14 of 1947), or any other corresponding law for the time being in force shall have, or be entitled to exercise any jurisdiction, powers or authority in relation to such requirement or such service matters.

 

comments

 

Supreme Court has held that section 28 of the Administrative Tribunals Act, 1985 and the ‘exclusion of jurisdiction’ clauses in all other legislations enacted under the aegis of articles 323 and 323B of the Constitution would be unconstitutional; L. Chandra Kumar v. The Union of India, JT 1997(3) SC 589: AIR 1997 SC 1125.

 

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1. Subs. by Act 19 of 1986, sec. 19, for certain words (w.r.e.f. 1-11-1985).

 

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Administrative Tribunals Act 1985

 

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