Vknwaran (Individual) 03 July 2013

Role of central administrative tribunal

As an ex-banker resignee, I am interested in seeking legal justice and my writ petition is already in the court for more than 4 years now and it is doubtful if it would see the light of the day before I breathe my last..

The courts in India are already cluttered with so many civil and criminal cases and it is common knowledge that many times, they have a natural death on the death of the aggreived party.

Case relating to Pension calls purely for an administrative decision. This being the case, when the CAT is able to come out with landmark judgements in the matter of pension, is it not injustice to exclude a particular category of employees, viz., bankers from the purview of CAT simple for the reason that banking industry is not covered by the scope of CAT? In fact, those associated with CAT are by and large unbiased in their views whereas court judgments are always pro-Govt. or highly biased ones.

Denying pension especially for those who had to resign on health grounds just for the reason that they had not completed 20 years of pensionable service is against the Constitution. Natural justice which CAT is trying to render as a matter of policy would very much appreciate that when VRS optees with just 15 years of service could be granted pension, why not those with similar service or less than 20 years of service. such a pragmatic view is never taken by the regular courts in our country.

So, the pertinent question now being posed is, why not banking industry too be brought within the ambit of CAT for speedier disposal of banking related cases?

V K N. Waran

Chennai

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6 Replies

Sudhir Kumar, Advocate (Advocate) 06 July 2013

So, the pertinent question now being posed is, why not banking industry too be brought within the ambit of CAT for speedier disposal of banking related cases?

Ans : It is prerogative of the Govt acting as per CAT Act which is law made by legislature. They can notify banks if they so desire or can form seperate Tribunal like one for Armed Forces. Still ther eis no tribunal for paramilitary forces and many other PSUs.

Ashok, Advocate (Lawyer at Delhi) 08 July 2013

CAT is governed by the provisions of the Administrative Tribunals Act, 1985. Jurisdiction, powers and authority of CAT are laid down in Section 14 of the said Act. Basically, the jurisdiction of CAT is with regard to central civil services, IAS, IPS, IFS, etc. However, under sub-section (2) of Section 14, this jurisdiction of CAT can also be extended to certain other personnel. This sub-section is reproduced below:

“(2) The Central Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities within the territory of India or under the control of the Government of India and to corporations or societies owned or controlled by Government, not being a local or other authority or corporation or society controlled or owned by a State Government”

Thus, the Central Government has the power to extend the jurisdiction of CAT to Nationalized banks which are corporations owned or controlled by the Central Government. It is up to the Government to issue such notification. It is a policy decision. Till it is done, such banks are not covered under CAT jurisdiction. If you so feel, you can write to the Central Government making such request.