NAME: PRATIK KISHOR GAIKWAD
Index
1. Introduction……………………………………….……………. 3
2. Need for the alternative machinery. …………………………… 4
3. Administrative Tribunals……………………………...……..…. 5
4. Article 323-A and Article 323-B…………………………….…..7
5. The Administrative Tribunal Bill, 2006 ………………….……..9
6. Composition of the tribunals……………………………….…... 10
7. Conclusion………………………………………………..…….. 15
8. Reference………………………………………………….……. 17
Introduction
The working of the good government is not only depends upon the good relation between government and its citizens but it also depends upon the relationship status between government and its employees.
May of times various attempts are made to maintain the cordial relation between the government and its employees. But despites the best efforts disputes may still arise between the government as an employer and its employees. If these disputes allowed to remain unsettled, it will lead to dissatisfaction among the employees which often result in inefficiency, low morale and sometimes even disruption of work in the form of agitation and strikes. To avoid these consequences it is very important for the government as an employer must provide some mechanism to settle this disputes and redressal of the grievances of its employees.
Therefore to maintain cordial relation between the government and its employee Parliament passed the Administrative Tribunal Act, 1985 and set up the Central and State Administrative Tribunals for its employees as mechanism for grievance redressal.
Need for the alternative machinery
Many times the disputes are arise between government as an employer and its employees and It results in the inefficiency, low morale and sometimes even disruption of work in the form of agitation and strikes.
These disputes can be of two types
References: 1. Bhattacharya and Chakrabarty (2003) Ed., Public Administration, Oxford University Press, New Delhi. p. 335. 2. Constitution of India, (Forty Second Amendment act) Act 1976, Section 46. 3. Ministry of personnel, Annual Report (2009-10), Public grievances and pension, government of India, new Delhi. pp. 155-159. 4. (Sanyal kayashi, The Administrative Tribunals(Amendment) Bill 2006, PRS Legislative Research, New Delhi.) http://www.prsindia.org/uploads/media/1167468637/summary1197284560_Bill_Summary____Administrative_Tribunal__Amendment__Bill__2006.pdf 5. Sharma and Saldana (2009), Public Administration in Theory and Practice, New Delhi. pp. 489-491. 6. (The Administrative Tribunal Act, 1985, Central Administrative Tribunal, Principle Bench, New Delhi.) http://www.cgat.gov.in/act.htm Summery The Administrative tribunal act, 1985 was come into existence to maintain the cordial relation between the Government and Its employees. The Act was set up the Central and State Administrative Tribunals as mechanism for grievance redressal. Except those of the Supreme Court the C.A.T or the S.A.T. has the powers of jurisdiction and authority of all courts, as mentioned in Article 323-A and 323-B. The Administrative Tribunals (Amendment) Bill, 2006 was introduced to amend the Administrative Tribunals Act, 1985. Every Tribunal shall consist of a Chairman and such number of Vice-Chairmen and judicial and administrative members as the Government deems it. Each Tribunal may constitute one or more Benches and each bench shall include at least one judicial member and one administrative member. These Tribunals are not bound by the procedure laid down in the Civil Procedure Code but are guided by the principles of Natural Justice.