Does National Commission For Scheduled Castes Have Power To Order Reinstatement Of Employees? Delhi High Court To Examine

The Delhi High Court on Monday issued notice to the National Commission for Scheduled Caste in a plea seeking quashing of an order whereby the Commission directed the Institute of Cost Accounts of India to reinstate a contractual employee.

The Commission had further ordered that employee be made permanent and pay the arrears remaining from the date of removal from services till date.

The matter was posted before Justice Yogesh Khanna, who has stayed the impugned order.

"Issue notice to the respondents through all modes including email/whatsapp returnable on 06.05.2022 and in the meanwhile the impugned order dated 22.12.2021 shall remain stayed."

Filed through Advocate G.S. Chaturvedi, the petition argues that the National Commission for SC has gone beyond their jurisdiction, and the directions are beyond their powers under Article 338 of the Constitution of India. 

The petition also referred to National Seed Corporation Ltd. v. National Commission for S.C. and S.T. (2013), where it was held that,

"The powers given to the Commission are procedural powers of a Civil Court for the purposes of investigating and enquiring into these matters and are limited for that purposes. The power conferred under Clause 8 of Article 338 does not confer the powers of a Civil Court of granting injunctions of temporary or permanent nature and for adjudicating and deciding disputes between parties like a court."

The matter is posted on May 06, 2022, for further hearing.

Case Title: Institute of Cost Accounts of India v. National Commission for Scheduled Caste & Anr.

Click Here to Download The Order

Read the Order