Central Administrative Tribunal

Ravees Ahmad Mir vs D/o J K Tourist Development Corporation (jktdc) on 30 December 2020

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T.A. No. 62/7011/2020

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

Hearing through video conferencing

T.A. No. 62/7011/2020

This the 30th day of December, 2020

HON’BLE MR. RAKESH SAGAR JAIN, MEMBER (J)

Ravees Ahmad Mir, Age 24 years, S/o Hajizulluh Mir, R/o Nowhata, Srinagar and 51 ors.

........................Applicants

(Advocate: Mr. B.A. Bisri)

Versus

1.

Managing

Director,

Jammu

Kashmir

Tourist

Development

Corporation, (JKTDC), Srinagar.

2.

General Manager, (Adm.) JKTDC, Srinagar.

3.

General Manager, (Opr). JKTDC, Srinagar.

...................Respondents

(Advocate: Mr. Amit Gupta, learned Additional Advocate General)

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O R D E R

[O R A L]

The present TA has been received by way of transfer from Hon’ble High Court of J&K at Srinagar. It has been submitted at the Bar that since the respondent Jammu Kashmir Tourist Development Corporation has not been brought within the jurisdiction of this Tribunal by a notification to be issued by the Central Government under Sec. 14 (2) of the Administrative Tribunal Act, 1985, the Tribunal cannot assume jurisdiction in respect of any service matter pertaining to the aforesaid Corporation under the Act. We accordingly hold that this Tribunal is not vested with any jurisdiction to entertain any petition related to any service dispute in the Jammu Kashmir Tourist Development Corporation.

2. In similar circumstances, the Bench of Armed Forces Tribunal, Jammu comprising of Hon’ble Mr. Justice Mohammad Tahir, Member (J) and Hon’ble Vice Admiral A. G. Thapliyal in TA No. 267 of 2017 (SWP No. 1188 of 2014) titled Bahadur Singh v/s Union of India vide order dated 25.03.2019 held that since the Tribunal does not have the jurisdiction to deal with the matter, the case be sent back to the Registrar (Judicial), High Court of Jammu & Kashmir to be listed before the appropriate Bench.

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3. Therefore, since this Tribunal has no jurisdiction to deal with the present case, this case be sent back to Registrar (Judicial), High Court of Jammu & Kashmir at Srinagar to be placed before the Hon’ble Bench for further orders.

4. Both the parties are directed to appear before the Registrar (Judicial), High Court of Jammu & Kashmir at Srinagar on 23.02.2021.

(RAKESH SAGAR JAIN)

MEMBER (J)

Ak/-

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