Tribunal applicable to which tribunal.
Querist :
Anonymous
(Querist) 30 April 2011
This query is : Resolved
The Administrative Tribunals Act, 1985
SECTION 1 SHORT TITLE, EXTENT AND COMMENCEMENT
2) It extends, - (a) in so far as it relates to the Central Administrative Tribunal, to the whole of India;
(b) in so far as it relates to the Administrative Tribunals for States, to the whole of India, except the State of Jammu and Kashmir.
Query : How to know whether any tribunal is a Central Administrative Tribunal or States Administrative Tribunals becasue if we come to know that it is a States Administrative Tribunals or Central Administrative Tribunal than we can apply this act ?
Also for the income tax purpose there is special act known as (ITAT) income tax appellate tribunal so that act is applicable & can we say that The Administrative Tribunals Act, 1985 is also applicable if there is a overriding section than which will prevail first.
Can anybody said me the case law which says that if there is a special tribunal than The Administrative Tribunals Act, 1985 is not applicable PLS.
In short when this act is applicable & how to known which tribunal is a state tribunal & central tribunal becasue as per the section 2 (b) it has been said that
"in so far as it relates to the Administrative Tribunals for States"
So we it any tribuanl is meant for central than this act is not applicable.
Thanks .
Guest
(Expert) 01 May 2011
Tribunals are created for specific purposes. The Central Administrative Tribunal (CAT) and the State Administrative Tribaunal (SAT) are meant for only the service matters of employees. CAT is meant for the cases of Central Government servants, etc., and the SAT of any State is meant for the cases of State Government employees of that particular state.
