Law:

Section:

Service Tribunals Act (LXX of 1973)--S.2-A---Scope of application of S.2-A, Service Tribunals Act; 1973--­Appeal having been presented by the appellant before Service Tribunal within one month of the order of rejection of his representation by the Departmental Authority, he was entitled to maintain his appeal before the Service Tribunal. As a result of insertion of section 2-A in the Service Tribunals Act, 1973 the appellant was deemed to be a civil servant for purposes of availing of remedy available to him under the Act. It could not be disputed that but for the insertion of section 2-A in the Act, the appellant would have been entitled to challenge order of his termination from service in appropriate proceedings before the Court. However, as a result of the amendment brought about in the Service Tribunals Act that remedy had been taken away from the appellant. Had there been any proceedings pending on the date section 2-A was inserted in the Act, the appellant would have been entitled to approach the Service Tribunal on abatement of such proceedings within 90 days of the establishment of appropriate Tribunal. The right .of appeal had been made available to the civil servants both under section 4 as well as under section 6 of the Act. Section 4 of the Act was amended in 1974 by Act XXXI of 1974 which conferred right of appeal to a civil servant aggrieved by an order, whether original or appellate made by the departmental authority in respect of any terms and conditions of his service within 30 days of the communication of said order or within 6 months of the establishment of appropriate Tribunal, whichever was later, to prefer appeal before such Tribunal. In the present case, the departmental appeal filed by the appellant was rejected on 26-5-1997 but before he could file any other proceedings to challenge the original order of termination passed by the departmental authority, the law was amended and, therefore, the appellant was entitled to present his appeal within 6 months from the date the Tribunal was conferred jurisdiction to entertain an appeal from a person aggrieved by the order in respect of terms and conditions of service of a corporation or,…

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