Bar of suits

§6

Summary

6. (1) No suit shall lie against the State Government or any local authority or any statutory corporation or company for any relief in respect of any matter relating to employment at the instance of any person who is or has been a public servant, including a person specified in 1[ clauses (a) to (g)] of sub-section (4) of section I. (2) All suits for the like relief, and all appeals, revisions, applications for review and other incidental or ancilliary proceedings (including all proceedings under Order XXXIX of the First Schedule to the Code of Civil Procedure, 1908), arising out of such suits, and all applications for permission to sue or appeal as pauper for the like relief, pending before any court subordinate to the High Court and all revisions (arising out of interlocutory orders) pending before the High Court on the date immediately preceding the appointed date shall abate, and their records shall be transferred 2[ to the Tribunal], and thereupon the Tribunal shall decide the cases in the same manner as if they were claims referred to it under section 4 : Provided that the Tribunal shall, subject to the provisions of section 5, recommence the proceedings from the stage at which the case abated as aforesaid and deal with any pleadings presented or any oral or documentary evidence produced in the court as if the same were presented or roduced before the Tribunal. (3) All appeals pending before the High Court on the date immediately preceding the appointed date arising out of such suits shall continue to be heard and disposed of by that court as heretofore as if this Act had not come into force : Provided that if the High Court considers it necessary to remand or refer back the case under rule 23 or rule 25 of order 41 of the First Schedule to the Code of Civil Procedure, 1908, the order of remand or reference shall be directed to the Tribunal instead of to the subordinate court concerned and the Tribunal shall thereupon decide the case or issue, subject to the directions of the High Court, in the same manner as if it were a claim referred to it under section 4.

6. (1) No suit shall lie against the State Government or any local authority or any statutory corporation or company for any relief in respect of any matter relating to employment at the instance of any person who is or has been a public servant, including a person specified in 1[ clauses (a) to (g)] of sub-section (4) of section I. (2) All suits for the like relief, and all appeals, revisions, applications for review and other incidental or ancilliary proceedings (including all proceedings under Order XXXIX of the First Schedule to the Code of Civil Procedure, 1908), arising out of such suits, and all applications for permission to sue or appeal as pauper for the like relief, pending before any court subordinate to the High Court and all revisions (arising out of interlocutory orders) pending before the High Court on the date immediately preceding the appointed date shall abate, and their records shall be transferred 2[ to the Tribunal], and thereupon the Tribunal shall decide the cases in the same manner as if they were claims referred to it under section 4 : Provided that the Tribunal shall, subject to the provisions of section 5, recommence the proceedings from the stage at which the case abated as aforesaid and deal with any pleadings presented or any oral or documentary evidence produced in the court as if the same were presented or roduced before the Tribunal. (3) All appeals pending before the High Court on the date immediately preceding the appointed date arising out of such suits shall continue to be heard and disposed of by that court as heretofore as if this Act had not come into force : Provided that if the High Court considers it necessary to remand or refer back the case under rule 23 or rule 25 of order 41 of the First Schedule to the Code of Civil Procedure, 1908, the order of remand or reference shall be directed to the Tribunal instead of to the subordinate court concerned and the Tribunal shall thereupon decide the case or issue, subject to the directions of the High Court, in the same manner as if it were a claim referred to it under section 4.

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