Last Updated on April 22, 2021 by Satish Mishra
In this post we will discuss about Application for Contractual Appointment in Central Administrative Tribunal (CAT) wherein the court held that The Respondents have cleared their stand on the contractual appointment and they have introduced a new scheme AFES and The applicants should be adjusted as per the new scheme AFES,
Also Read- CENTRAL ADMINISTRATIVE TRIBUNAL … – CAT
In this post, we will cover the application for contractual appointment u/s 4(5)(a) of the C.A.T (Procedure) Rules, 1987.
Section 4 of the C.A.T (Procedure) Rules, 1987 prescribes the procedure of filing applications and it reads as :
1) An application to the Tribunal shall be presented in Form I by the applicant in person or by an agent or by a duly authorised legal practitioner to the Registrar or any other officer authorised in writing by the Registrar to receive the same or be sent by Registered Post with Acknowledgement duly addressed to the Registrar of the Bench concerned.
(2) The application under sub-rule (1) shall be presented in triplicate in the following two compilations-
(i) Compilation No. 1– application along with the impugned order, if any;
(ii) Compilation No. 2– all other documents and annexes referred to in the application in a paper book form.
(3) Where the number of respondents is more than one, as many extra copies of the application in paper-book form as there are respondents together with unused file size envelope bearing the full address of each respondent shall be furnished by the applicant:
Provided that where the number of respondents is more than five, the Registrar may permit the applicant to file the extra copies of the application at the time of issue of notice to the respondents.
(4) The applicant may attach to and present with his application a receipt slip in Form II which shall be signed by the Registrar or the officer receiving the application on behalf of the Registrar in acknowledgement of the receipt of the application.
(5) (a) Notwithstanding anything contained in sub-rules (1) to (3) the Tribunal may permit more than one person to join together and file a single application if it is satisfied, having regard to the cause and the nature of relief prayed for that they have a common interest in the matter.
(b) Such permission may also be granted to an Association representing the persons desirous of joining in a single application provided, however, that the application shall disclose the class/grade/categories or persons on whose behalf it has been filed provided that at least one affected person joins such an application.
Thus, if there are more than one people having common interests, they can file an application for the joining of their application into one single application u/s 4(5)(a) of the C.A.T (Procedure) Rules, 1987.
ALSO READ- CONTRACTUAL TEACHERS ELIGIBLE FOR DA
Constitutionality of Central Administrative Tribunal
By the way of 42nd Amendment Act, 1976 (which is also called as the mini constitution), Articles 323A and 323B were inserted in the new Part 14A of the Indian Constitution. Article 323A provides the provision to set up Administrative Tribunals by the Central and the State K Governments, and Article 323B provides the provision for setting up the other tribunals. Subsequently, Administrative Tribunals Act, 1985 was enacted by the Indian Parliament in 1985 which enabled the Centre and the States to establish Administrative Tribunals, and Central Administrative Tribunal (Procedure) Rules, 1987 were also enacted in 1987 which describes the procedure of filing of applications and the procedure of working of the tribunal. Administrative Tribunal Act also prescribes the composition of the tribunals. There must be one Judicial and one Administrative member in the Tribunal bench. So, the Administrative Tribunal is not a Constitutional but a Statutory body and it is not a judicial but a quasi-judicial body.
Also Read- Analysis of cases disposed of by the Central Administrative Tribunal
Facts of the case
- The case is Priyankar Das and others vs Ministry of Labour and employment, Union of India and others in the Central Administrative Tribunal (Chandigarh Bench).
- There were total of 15 applicants and 3 respondents (Ministry of Labour and employment, The Director General, Department of Labour Bureau, Chandigarh and the Under Secretary, Department of Labour Bureau, Chandigarh).
- Applicants had the common issue i.e, to quash the advertisement of the Respondents where the latter had notified 429 posts of Investigators under 2 schemes named Pradhan Mantri Mudra Yojana Survey and Area Frame Survey Scheme, and hence they filed an application u/s 4(5)(a) of the CAT (Procedure) Rules, 1987 to form a single Original Application.
- The case was listed firstly on 27/08/2018 and the Final order was pronounced on 16/01/2019.
- The argument of the applicants was that one set of contractual employees cannot be replaced by the another set of contractual employees as they are already employed.
- The Respondents argued that the applicants would be adjusted under new scheme Area Frame Enterprise Survey (AFES).
Also Read- VINAY KUMAR v. M/O FINANCE | Central Administrative .
Order of the Tribunal
- The Respondents have cleared their stand on the contractual appointment and they have introduced a new scheme AFES.
- The applicants will be adjusted as per the new scheme AFES.
- Application disposed of.
ALSO READ- CONTRACTUAL LABOUR REGULARISATION CASE HIGH COURT CHANDIGARH
Orders on Contractual Appointment by CAT
In the case of Rajesh v. Secretary, Department of Training & Technical Education, The applicant was a teacher appointed on contractual basis and he filed an application in the Principal Bench of Central Administrative Tribunal, New Delhi u/s 19 of the Administrative Tribunals Act, 1985 to quash the order of his termination. The Tribunal quashed the order of the respondents and directed them to reinstate the applicants in service and allow them to continue in service till regular appointment is made to teach the subject employability skills.
Also Read- Anil Kumar vs Central Administrative Tribunal .
Conclusion
Tribunals are different than the civil courts and are powered to deal in the specified matters only. Hence, the appeals made in the Tribunals are easily and timely resolved. In the cases of contractual appointment, one should make an application in the Tribunal u/s 19 of the Administrative Tribunals Act, 1985 and if there are more than one applicants, the application should be filed u/s 4(5)(a) of the CAT (Procedure) Rules, 1987 to compile the common issues in one application.
ALSO READ- PENSION FOR CONTRACTUAL EMPLOYEES LAW IN INDIA
This post is written by Paryag Taneja
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