0812wp5662.06.odt 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5662 OF 2006 VITHOBA KAUDU BHAGAT VS. THE SECRETARY, DEPTT. OF TELECOM. & 5 OTHERS Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Ku. Kalpana Pathak, Advocate for the petitioner. Ms U. R. Tanna, Advocate for respondents. CORAM: D. D. SINHA & F. M. REIS, JJ. DATE D : 08th DECEMBER, 2009. 1. Heard learned Counsel for the petitioners and the respondents. 2. Application dated 15/9/2009 is filed by the petitioner for grant of early hearing. Learned Counsel for the petitioner brought to our notice that in view of notification dated 31/10/2008 issued by the Ministry of Personal and Public Grievances & Pensions (Department of Personnel and Training), the jurisdiction now lies with the Central Administrative Tribunal (CAT), Mumbai Bench at Nagpur in respect of the grievance made in the present writ petition. 3. Section 14 (2) stipulates that the Central Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities within the territory 0812wp5662.06.odt 2/3 of India or under the control of the Government of India and to corporations or societies owned or controlled by Government, not being a local or other authority or corporation or society controlled or owned by a State Government. 4. By notification dated 31/10/2008 issued in exercise of powers conferred under sub-section (2) of Section 14 of the Act. The Central Government has specified 10th day of November, 2008 as the date on and from which the provisions of sub-section (3) of Section 14 of the said Act shall apply to the organisations mentioned therein which inter alia includes Bharat Sanchar Nigam Limited-the respondents in the present petition. Section 14(1) of the Act, 1985 further stipulates that the Central Administrative Tribunal shall exercise on and from the date with effect from which the provisions of sub-section apply to another local or other Authorities or Corporation all the jurisdiction, powers and authority exercisable immediately before that day by all courts except the Supreme Court in relation to the matters referred to therein. 5. The learned Counsel for the respondents accepts the contentions of the petitioner and submits that the proceedings are to be transferred to the Central Administrative 0812wp5662.06.odt 3/3 Tribunal, Mumbai, Bench at Nagpur. 6. Section 29 (2) of the said Act provides that every suit or proceeding pending before any court or other authority immediately before the date with effect from which jurisdiction is conferred on a Tribunal in relation to any local or other authority or corporation or society, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after the said date, within the jurisdiction of such Tribunal, shall stand transferred on that date to such Tribunal. 7. In view of the above provisions the present petition stands transferred to the Central Administrative Tribunal, Mumbai, Bench at Nagpur. 8. The Registrar (Judicial) to act accordingly. 9. Writ petition stands disposed of in the above terms. JUDGE JUDGE wwl