TMI Blog1997 (7) TMI 671X X X X Extracts X X X X X X X X Extracts X X X X ..... ided into four separate zones, viz., eastern western, southern and northern and the employee of each of the said zones have combined seniority list. The present appeal concerns the appellants working in the western zone which comprises the establishments at Bombay, Ahmedabad, Gandhidam, Rajkot, Bhopal and Goa. Each of the zone comprises of posts of Lower Division Clerks, Upper Division Clerks, Section Heads, Controllers, etc (for short LDCs, UDCs, etc.). The LDCs are the lowest category from which the promotions are available to the post of udcs, from which promotion is made as Licensing Assistants and thereafter as Section Heads. From to post of Section Heads, the employees are eligible to be promoted to the post of Controllers. The senior ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central Administrative Tribunal where it was numbered as Transfer Application No. 263/86. The Tribunal by its judgment dated August 14, 1987 held that the promotion made on the basis of options without resorting to the recruitment rules in terms of quota laid down and the procedure for filling it up is valid as long as it is ad-hoc and such ad- hoc promotions do not deprive seniority of those who have not given their options for going out to the new place of posting. The tribunal was further of the view that the employers are free to allow the juniors who have given their options to continue to enjoy promotion on ad-hoc basis, but the orders conferring regular promotions to such promotee cannot be upheld in so far as it affects the seni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act wherein there was no prayer for setting aside the judgment dated 14.8.1987 of the Administrative Tribunal. It is true that the judgment given by the Central Administrative Tribunal, Ahmedabad in I T.A. No.263/86 would have come in the way of the appellant. Often in service matters the judgments rendered either by the Tribunal or by the Court also affect other persons, who are not parties to the cases. It may help on class of employees and at the same time adversely affect another class of employees. In such circumstances the judgments of the courts or the tribunals may not be strictly judgments in personam affecting only to the parties to the cases, they would be judgments in rem. In such a situation, the question arises; what remed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be an appeal and there would be no certainty of finality of a decision. Besides that, the right of review is available if such an application is filed within the period of limitation. The decision given by the Tribunal, unless reviewed or appealed against, attains finality. If such a power to review is permitted, no decision is final, as the decision would be subject to review at any time at the instance of party feeling adversely affected by the said decision. A party in whose favour a decision has been given can not monitor the case for all times to come. Public policy demands that there should been to law suits and if the view of the tribunal is accepted the proceedings in a case will never come to an end. We, therefore, find that a rig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f it dissents, then the matter can be referred to a larger bench/full bench and place the matter before the Chairman for constituting a larger bench so that there may be no conflict upon the two Benches. The large Bench, then, has to consider the correctness of earlier decision in disposing of the later application. The larger Bench can over-rule the view taken in the earlier judgment and declare the law, which would be binding on all the Benches (See Jhon Lucas (supra). In the present case, what we find is that tribunal rejected the application of the appellants thinking that appellants are seeking setting aside of the decision of the tribunal in Transfer Application No. 263 of 1986. This view taken by the Tribunal was not correct. The app ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
