1990 (3) TMI 360

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.... leave granted. This bunch of cases either by special leave or under Article 32 of the Constitution is by a set of Lekhpals serving in the State of Uttar Pradesh whose services have been terminated. Their Writ Petitions to the High Court have not been entertained on the ground that alternate relief is available before the U.P. Public Services Tribunal set up under U.P. Act No. 17 of 1976. In the Civil Appeal arising out of Special Leave Petition No. 8826 of 1982 the High Court examined the question at length as to whether the jurisdiction of the High Court has been taken away by the setting up of the Services Tribunal under the U.P. Act. We have heard counsel for the parties at some length as apart from this group of cases, some other ca....

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....aspect of the dispute and would be in accord with the current thinking on this subject-matter at different levels. We are, therefore, of the view that the U.P. Services Tribunal should be substituted by a Tribunal under the Central Administrative Tribunals Act as early as possible in order that there may be uniformity of functioning and the High Court may be relieved of the burden of dealing with the service disputes as is the situation at present. In course of the hearing, a statement showing yearwise institution, disposal and pendency before the Public Services Tribunals has been placed before us and we extract the same for convenience: STATEMENT SHOWING THE YEARWISE DISPOSAL, FILING AND PENDING CASES BEFORE THE PUBLIC SERVICE....

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....pects require to be noticed seriously and the State Government should have applied its mind if any system of review was in force. Apparently, the performance was not being reviewed either by the Tribunal itself or by any other agency. We have been told that the Services Tribunal mostly consists of Administrative Officers and the judicial element in the manning part of the Tribunal is very small. As was pointed out by us in S.P. Sam path Kurnar v. Union of India & Ors., [1987] 1 SCC 124, the disputes require judicial handling and the adjudication being essentially judicial in character it is necessary that an adequate number of Judges of the appropriate level should man the Services Tribunals. This would create the appropriate temper and ....