KRISHNA SAHAI & ORS. versus STATE OF U.P. & ORS.

Citation: [1990] 2 S.C.R. 168 · Decided: 23-03-1990 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Disposed off
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Judgment (excerpt)

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KRISHNA SAHA! & ORS. 
v. 
STATE OF U.P. & ORS. 
MARCH 23, 1990 
[RANGANATH MISRA, M.M. PUNCHHI AND 
K. RAMASWAMY, JJ.] 
U.P. Public Services Tribunal Act, 1976: Remedy before Services 
Tribunal not availed-Writ petition before High Court-Whether 
maintainable-Desirability of setting up Tribunal under the Adminis-
trative Tribunals Act, 1985 expressed. 
The writ petitions preferred by the appellants before the High 
Court were sought to be resisted by the State on the preliminary objec-
tion that they had an alternative remedy available before the Public 
Services Tribnnal set up under the U.P. Act 17 of 1976. The appellants 
D took the plea that filing of a claim in the Tribunal was not an adequate 
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alternate relief inasmuch as it did not have power to make any interim 
order. The High Court declined to exercise its power under Art. 226 of 
the Constitution. 
Remitting the case to the Public Services Tribunal for disposal on 
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merits, the Court, 
HELD: I. The Uttar Pradesh Public Services Tribunal which func-
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!ions under a State Act does not have power to make any interim order. 
Under the Administrative Tribunals Act, 1985, which is a legislation in 
terms of Art. 323-A of the Constitution, the jurisdiction of the High 
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Court in regard to service matter is intended to be taken away and 
vested in the Tribunal. It is open to the State to also set up Tribunals for 
adjudication of service disputes in regard to its employees. Several States 
have already set up their own Tribunals under that Act. [170B, 169H, 170C] 
S.P. Sampath Kumar v. Union of India & Ors., [1987] I SCC 
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124, referred to. 
2. It is commended to the State to consider the feasibility of set-
ting up of an apprjlpriate tribunal under the Central Act in place of the 
Services Tribunal so that apart from the fact that there would be 
uniformity in the matter of adjudication the High Court would not be 
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burdened with service litigations and the Tribunal with plenary powers 
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KRISHNA SAHA! v. STATE OF U.P. [MISRA, J.J 
169 
can function to the satisfaction of everyone. [ i 70D I 
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3. In case the existing Services Tribunal is continued the State 
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should change its manning so that a sufficient number of people qua-
lified in Law could be on the Tribunal to ensure adequate dispensation of 
justice, and plan out diversification of the location of the Benches for 
the Tribunal. [170E-G] 
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CIVIL APPELLA.TE JURISDICTION: Civil Appeal No. 6729 
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of 1983. 
From the Judgment and Order dated 22.3.1983 of the Allahabad 
Hig_h Court in C.M.W.P. No. 7787 of 1979. 
Shankar Ghosh, R.K. Jain, R.B. Mehrotra, Ms. Abba Sharma, 
Ms. Sangita Tripathi.Mandal, R.P. Singh, Harish N. Salve, D.K. 
Garg, Gopal Subramanium, Mrs. Shobha Dikshit, C.P. Pandey, S.K. 
Sabharwal, M.P. Sarawala, R.S. Sodhi, D.D. Gupta, Shakii Ahmed 
Syed, K.R.R. Pillai, M.A. Firoz, R.D. Upadhyay, U.S; Prasad and 
C.M. Nayar for the appearing parties. 
The Judgment of the Court was delivered by 
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RANGANATH MISRA, J. This appeal by special leave was 
heard along with Civil Appeals Nos. 776 of 1984 and 4356 of 1986. 
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Those two appeals were disposed of by a common judgment dated 
March 1, 1990, by remitting the dispute forming the subject-matter of 
those appeals to the U.P. Public Services Tribunal for disposal on 
merit and judgment was reserved in this appeal as we were of the view 
that certain relevant aspects required notice and we should commend 
to the U .P. State to bring its Services Tribur.al at par with the State 
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Administrative Tribunals set up under the Central Administrative Tri-
bunals Act of 1985. 
So far as the merits of the case go, we are of the view that it 
should also be remitted for disposal by the Services Tribunal and we 
direct that the Tribunal shall dispose of the matter in accordance with 
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its rules by the end of September, 1990. 
The Administrative Tribunals Act of 1985 is a legislation in terms 
of Art. 323A of the Constitution. By setting up a Tribunal under that 
Act for resolution of service disputes, the jurisdiction of the High 
Court in regard to such matters is intended to be taken away and under 
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SUPREME COURT REPORTS 
[1990] 2 S.C.R. 
the scheme of that Act, the jurisdiction of the High Court in regard to 
service disputes is intended to be vested in the Tribunal. That is the 
view expressed by the Constitution Bench of this Court in S.P. 
Sampath Kumar v. Union of India & Ors., [1987] 1SC
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