JUDGEMENT
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(1.)LET this matter be treated as on day's list as the matter is not appearing in the list by mistake.
(2.)WHEN the matter appeared in the list for delivering the judgment on July 4, 1986, Mr. Bhola Nath Sen, learned Counsel appearing on behalf of the respondent, produced before this Court for the first time a notification issued by the department of Personnel and Training, ministry of Personnel, dated the 2nd May, 1986 published in the extra Ordinary Gazette of India, dated the 2nd May, 1986 and it appears from the said Gazette that 'separate paging is given to this particular in order that it may be filled as separate compilation*. It appears from the said notification that the notification Was issued in exercise of the power conferred by sub-section 2 of Section 14 of the Administrative Tribunals Act, 1985the Central Government specified 12th day of May, 1986 as the appointed date on and from which the provision of sub-section 3 of Section of the said Act should apply only to Central Board of Trustees constituted under the Employees Provident Fund and Miscellaneous Provision Act, 1952. On the basis of the said notification it was contended by Mr. Bholanath sen, that this court has no jurisdiction to deal with or deliver judgment in this case as under Section 28 of the Administrative Tribunal Act, 1985 the power of the High Court in so far as the service matters of the Central Board of Trustees constituted under the Employees provident Fund and Miscellaneous Act, 1952 had been taken away.
(3.)MR. Somendra Chandra Bose, learned Advocate appearing on behalf of the petitioner, contended in the first place that the administrative tribunal Act, 1985 did not contemplate transfer of a case in respect of which hearing was concluded by this Court and judgment was reserved for consideration by the court and in support of his contention, Mr. Bose pointed out the provision of Section 29 of the said Act which provides transfer of pending cases and pointed out that in accordance with the provision of Section 29, Tribunal was to proceed to deal with such cases from the stage which was reached before it stood so transferred. In other words, Mr. Bose pointed out that after the hearing was concluded and the judgment was reserved by this court, there is no provision for transfer of the case. Transfer of the pending cases, according to Mr. Bose did not and could not include the matter which was finally heard and the court had reserved judgment before the issue of the Notification. 'pending cases according to Mr. Bose, is the case which is pending for hearing and which has not been heard and the hearing was not concluded. Otherwise, in such a case the fallacy would be that in a particular case where the court had started delivering judgment and the judgment had not been concluded on a particular date, in that case, on the next date when the notification comes into force, the court will lose its power to pronounce the rest of the judgment. There may be cases where hearing was concluded and ordering portion was dictated in the court and the reasons are reserved as is usually done by this court. In such case, Mr. Bose pointed out that if the contention of the respondents in accepted in that event a precarious state of affairs would prevail in the matter. M. Bose, further, relied upon the decision of the supreme Court of India in the case of State of Karnatak v. Baganathan reddy, reported in AIR 1978 SC 21. 5 and pointed out that attempt should be made to save the law and not to declare it invalid and the constitutionality of the Act should be maintained. But, in this process a reading down of some of the provision of the Act was premises if the same appear to be impracticable or will create confusion. doubts. At the same time, the spirit of the act should be kept and maintained. The question that calls for decision in this case is that whether Section 29 of the said Act com templates transfer of a case which has been finally heard and the court had reserved for judgment.
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