Article 323B of CoI : Article 323B: Tribunals for other matters.

Explanation using Example

Example 1:

Scenario: Dispute over Income Tax Assessment

Situation: Mr. Sharma, a businessman, receives an income tax assessment order from the Income Tax Department, claiming he owes additional taxes for the financial year 2021-2022. Mr. Sharma believes the assessment is incorrect and decides to challenge it.

Application of Article 323B:

• Mr. Sharma can approach the Income Tax Appellate Tribunal (ITAT), a specialized tribunal established under the powers granted by Article 323B.
• The ITAT will adjudicate the dispute, reviewing the evidence and arguments presented by both Mr. Sharma and the Income Tax Department.
• The tribunal's decision can be appealed to the High Court and, subsequently, to the Supreme Court under Article 136, but the jurisdiction of other courts is excluded.

Example 2:

Scenario: Industrial Dispute between Workers and Management

Situation: Workers at a manufacturing plant in Maharashtra go on strike, demanding better wages and working conditions. The management refuses to negotiate, leading to a prolonged industrial dispute.

Application of Article 323B:

• The workers' union can file a case with the Industrial Tribunal, a tribunal established under the powers granted by Article 323B to handle industrial and labor disputes.
• The Industrial Tribunal will hear the case, considering the demands of the workers and the response from the management.
• The tribunal can issue orders regarding wage increases, working conditions, and other related matters. The decision of the tribunal can be challenged in the High Court and, ultimately, in the Supreme Court under Article 136, but other courts' jurisdiction is excluded.

Example 3:

Scenario: Dispute over Rent Control

Situation: Mrs. Gupta, a tenant in a rented apartment in Delhi, receives a notice from her landlord demanding a significant increase in rent. Mrs. Gupta believes the increase is unreasonable and violates the rent control laws.

Application of Article 323B:

• Mrs. Gupta can approach the Rent Control Tribunal, a tribunal established under the powers granted by Article 323B to handle rent regulation and tenancy issues.
• The Rent Control Tribunal will adjudicate the dispute, examining the rent control laws and the arguments from both Mrs. Gupta and her landlord.
• The tribunal's decision can be appealed to the High Court and, subsequently, to the Supreme Court under Article 136, but the jurisdiction of other courts is excluded.

Example 4:

Scenario: Dispute over Land Acquisition

Situation: The State Government of Karnataka acquires agricultural land owned by Mr. Reddy for a public infrastructure project. Mr. Reddy believes the compensation offered is inadequate and challenges the acquisition.

Application of Article 323B:

• Mr. Reddy can file a case with the Land Acquisition Tribunal, a tribunal established under the powers granted by Article 323B to handle land reform and acquisition disputes.
• The Land Acquisition Tribunal will hear the case, considering the compensation offered and the arguments from both Mr. Reddy and the State Government.
• The tribunal can order a revised compensation amount if it finds the original offer inadequate. The decision can be appealed to the High Court and, ultimately, to the Supreme Court under Article 136, but other courts' jurisdiction is excluded.