CAT - ['Kolkata']
Administrative and Public LawEmployment and Labour Law

Receipt of adverse recruitment communications and consequential effects within a territory can confer CAT jurisdiction.

PARTHA BISWAS vs NATIONAL ALUMINIUM COMPANY LIMITED

CAT - ['Kolkata']JUDGMENT: October 09, 20262 MIN READSOURCE JUDGMENT
Receipt of adverse recruitment communications and consequential effects within a territory can confer CAT jurisdiction.. PARTHA BISWAS  vs NATIONAL ALUMINIUM COMPANY LIMITED. CAT - ['Kolkata']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant applied for the post of SUPT (JOT) Operator with NALCO and, after qualifying the CBT, underwent a pre-employment medical examination at Angul, Odisha.

Source reference: para. 14

NALCO found him medically unfit on account of diabetes; a re-examination upheld that finding, which was communicated to him on 29 January 2026.

Source reference: para. 14

The applicant sought examination by an Independent Medical Appellate Board under Clause 7(viii) of the NALCO Medical Examination Rules, 2006, but his representations remained undecided.

Source reference: paras. 14–15

He resided in West Bengal and relied, among other things, on medical examinations conducted there; NALCO objected that the Kolkata Bench lacked territorial jurisdiction because the recruitment and NALCO examinations took place in Odisha.

Source reference: paras. 8–9, 13

At the hearing, the applicant stated that he would be satisfied with a direction to decide his pending representation.

Source reference: para. 7
02

Issues

1. Whether the Kolkata Bench had territorial jurisdiction where the selection and NALCO medical examinations occurred in Odisha, but the applicant resided in West Bengal and received NALCO communications there.

Source reference: paras. 8–13

2. Whether NALCO should be directed to decide the applicant’s request for examination by an Independent Medical Appellate Board under Clause 7(viii) of the 2006 Rules.

Source reference: paras. 7, 14–15
03

Law Applied

Rule 6(1) of the Central Administrative Tribunal (Procedure) Rules, 1987 permits filing before the Bench within whose jurisdiction the applicant is posted or where the cause of action, wholly or in part, arose.

Source reference: para. 10

The Tribunal referred to State of Rajasthan v. Swaika Properties, which it understood to establish that service of a notice or communication at a location does not, by itself, create territorial jurisdiction absent a direct nexus to the challenged action; and to Nawal Kishore Sharma v. Union of India and Dinesh Chandra Gahtori v. Chief of Army Staff, which it applied to the question whether a material part of the cause of action arose within the relevant jurisdiction.

Source reference: para. 11

Clause 7(viii) of the NALCO Medical Examination Rules, 2006 provides for an Independent Medical Appellate Board in disputes concerning medical fitness.

Source reference: paras. 6, 14–15
04

Reasoning

Although the recruitment process and NALCO medical examinations took place in Odisha, the Tribunal noted that the applicant resided in West Bengal, underwent medical examinations there, and received NALCO communications at his West Bengal address.

Source reference: para. 13

It held that, in these circumstances, at least part of the cause of action arose within the Kolkata Bench’s jurisdiction and rejected NALCO’s preliminary objection.

Source reference: para. 13

Without deciding whether the applicant was medically fit, the Tribunal considered it appropriate for the competent authority to decide his pending request under the applicable Rules.

Source reference: para. 15
05

Holding

The Tribunal held that the Kolkata Bench had territorial jurisdiction.

The Tribunal disposed of the application by directing Respondent No. 2 or another competent authority to decide the applicant’s representations dated 11 February 2026 and 23 June 2026 concerning referral to an Independent Medical Appellate Board under Clause 7(viii).

Source reference: para. 15

The authority was to communicate its decision by a reasoned, speaking order within four weeks of receiving a certified copy of the order.

Source reference: para. 15

The Tribunal expressed no view on the merits of the applicant’s medical condition and made no order as to costs.

Source reference: paras. 15–16
06

Acts & Sections Cited

5 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Administrative Tribunals Act, 19855

CAT - ['Kolkata']

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PARTHA BISWASvsNATIONAL ALUMINIUM COMPANY LIMITED

CAT - ['Kolkata'] · October 09, 2026

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