# KRISHNA SAHAI & ORS v. STATE OF U.P. & ORS

- **Citation:** [1990] 2 S.C.R. 168
- **Court:** Supreme Court of India
- **Decided:** 1990-03-23
- **Bench:** Ranganath Misra, M.M. Punchhi, K. Ramaswamy
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/krishna-sahai-ors-v-state-of-u-p-ors-10729
- **Pages:** 3

## Headnote

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 Administrative 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 objection 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
· ...... ~.
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
E
merits, the Court,
HELD: I. The Uttar Pradesh Public Services Tribunal which func-
~--
!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
F
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
G
124, referred to.
2. It is commended to the State to consider the feasibility of setting 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
H
burdened with service litigations and the Tribunal with plenary powers
168
KRISHNA SAHA! v. STATE OF U.P. [MISRA, J.J
169
can function to the satisfaction of everyone. [ i 70D I
A
~
3. In case the existing Services Tribunal is continued the State
_--·
,-
should change its manning so that a sufficient number of people qualified 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]
B
CIVIL APPELLA.TE JURISDICTION: Civil Appeal No. 6729
)
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.

## Text

A
B
c
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 Administrative 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 objection 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
· ...... ~.
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
E
merits, the Court,
HELD: I. The Uttar Pradesh Public Services Tribunal which func-
~--
!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
F
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
G
124, referred to.
2. It is commended to the State to consider the feasibility of setting 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
H
burdened with service litigations and the Tribunal with plenary powers
168
KRISHNA SAHA! v. STATE OF U.P. [MISRA, J.J
169
can function to the satisfaction of everyone. [ i 70D I
A
~
3. In case the existing Services Tribunal is continued the State
_--·
,-
should change its manning so that a sufficient number of people qualified 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]
B
CIVIL APPELLA.TE JURISDICTION: Civil Appeal No. 6729
)
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
c
D
RANGANATH MISRA, J. This appeal by special leave was
heard along with Civil Appeals Nos. 776 of 1984 and 4356 of 1986.
E
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
F
Administrative Tribunals set up under the Central Administrative Tribunals 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
G
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
H
A
170
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] 1SCC124.
The Uttar Pradesh Public Services Tribunal which functions
B under a different State Act does not have power to make any interim
order. In fact, exercise of that power is denied to the Tribunal by
specific provision. That is why the appellants had taken up the plea
before the High Court that filing of a claim in the Tribunal was not an
adequate alternate relief. In such setting it had been canvassed that the
High Court under Art. 226 of the Constitution was not debarred from
entertaining writ petitions. Under the Administrative Tribunals Act, it
C is open to the State to also set up Tribunals for adjudication of service
disputes in regard to employees of the State. Several States have
already set up their own Tribunals. We commend to the State of Uttar
Pradesh to consider the feasibility of setting up of an appropriate
tribunal under the Central Act in place of the Services Tribunal funcD tioning at present so that apart from the fact that there would be
uniformity in the matter of adjudication of service disputes, the High
Court would not be burdened with service litigations and the Tribunal
with plenary powers can function to the satisfaction of everyone.
In case the Uttar Pradesh Services Tribunal set up under the U.P.
E
Act No. 17 of 1976 is continued, it would be appropriate for the State
of Uttar Pradesh to change its manning and a sufficient number of
people qualified in Law should be on the Tribunal to ensure adequate
dispensation of justice and to maintain judicia.l temper in the functioning of the Tribunal. We find that in Writ Petition No. 373 of 1989
relating to the self-same question a Bench of this Court has issued
F
notice wherein the proposal for additional Benches at places like
Allahabad, Mee rut and Agra apart from the seat at Lucknow have
been asked to be considered. We are of the view that if the Services
Tribunal is to continue, it is necessary that the State of Uttar Pradesh
should plan out immediately diversification of the location of the
Benches for the Tribunal so that service disputes from all over the
G State are not required to be filed only at Lucknow and on account of a
single tribunal disputes would not pile up without disposal.
There would be no order as to costs.
P.S.S.
Appeal disposed of.