Brief History, Organisational Set up and
Functions of West Bengal Administrative Tribunal
 
       Article 323A of the Constitution of India stipulates that Parliament may, by law, provide for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any Sate or of any local or other authority within the Territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government.

       In spite of the above provisions made in the Constitution by the 42nd Constitution Amendment Act 1976, no substantial progress was made till 1985. When the Administrative Tribunals Act, 1985 (Act 1985) was enacted by the Parliament coming into force on October 2, 1985. The said Act is extended so far as it relates to the Central Administrative Tribunal, to the whole of India and it extends so far as it relates to Administrative Tribunals for States to all the States in India except the State of Jammu & Kashmir. The main object of the Act is to establish Administrative Tribunals both in Centre and States to render speedy justice to the Government. employees holding civil posts.

       Since a large number of cases relating to service matters of the State Govt. officers and employees were pending before various courts of this State particularly in the High Court at Calcutta, the Govt. considered it necessary to set up Administrative Tribunal to deal exclusively with service matters relating to State Govt. employees and then to relieve the various courts of the burden of the cases and thereby give them more time to deal with other cases expeditiously and also to provide to the persons covered by the Administrative Tribunal speedy remedy in respect of their grievances.

       Finally, The West Bengal Administrative Tribunal was set up in exercise of the powers conferred by sub-section (4) of Section 1 by a notification published by the Govt. of India. According to the said notification, the Central Govt. appointed the December 21, 1994 as the date on which the provisions of Administrative Tribunals Act so far as they relate to West Bengal Administrative Tribunal shall come into force. The Govt. of India also by publishing notification being no. G. S. R. KO 21(E) dt.10.1.1995 in Gazette of India (Extraordinary) Part III under Section 3(i) dt. 10.1.1995 declared January 16th 1995 as the “appointed day of” was West Bengal Administrative Tribunal within the meaning of Clause © of section 3 of the said Act.

       After establishment of Administrative Tribunal, cases relating to service matter of employees serving under Central Govt. the State Govt. where State Administrative Tribunals have been set up, were kept beyond the jurisdiction of all other courts except Supreme Court of India in terms of Section 18 of Administrative Tribunals Act 1985. But in view of the Constitutional Bench decision in L.Chandra Kumar –vs- Union of India reported in AIR 1997. S.C.1125 the High Courts have also power under Articles 226/227 of the Constitution of revision of the order passed by the Tribunals.