Final Admin 2

East West University
DEPARTMENT OF LAW
Assignment
Topic: Efficacy of Administrative Tribunal in Bangladesh
Course Name -Labour Law

Course code – Law304
Submitted to
Nabila Farhin
lecturer, East West University
Submitted By-
Sazzad Alam Niloy
ID-2018-2-66-013
Date 23.04,21
Efficacy of Administrative Tribunal in Bangladesh
Introduction
It is quite impossible to define the word " tribunal” in a scientific way. Actually, " tribunal "
means a bench or seat upon which judges or a single judge sitting in a court " 1, a court of justice.
It has a wide meaning. even in the ordinary court of law, we see that this expression is limited to
adjudicating authorities other than an ordinary court of law. The administration grew with a
special feature of the 20th century2. But if we see in the past we will be able to see that
commissioner of custom and excise had this power. In the 18th century, we see that the tax
tribunal was established, then many tribunals were created under legislation after the world
wars3. In the present day, we can see that the administrative tribunal deals with many sectors of
the government. Sometimes it deals with the individual. Actually, an administrative tribunal can
be said as similar to a court in a certain way. All they are constituted by the constitution. they are
also given quasi-judicial power and we see that they are permanent 4. Actually, they deal with
disputes between parties that destroy the right of the subject. It is an adjudicating institution
which deals with the problem of special nature and it has happened under the special law.
Bangladeshi context
In Bangladesh, we see that the development of the tribunal system began in Bangladesh after
adopting the constitution. Administrative Tribunals were settled for solving the disputes
concerning conditions and terms of civil service servants. We know the constitution of
Bangladesh, adopted in November 19725. It contains an Article of 1176. this Article empowers
the house of the nation to establish one or more Administrative Tribunals in Bangladesh. After 8
1
Webster’s new word dictionary(1972
2
Lecture on Administrative law by C.K Takwani
3
4
5
http://en.banglapedia.org/index.php/Administrative_Tribunal
6
years Later of enforcement and enactment of the constitution. In the 6 the parliament of
Bangladesh introduced the enactment of the Administrative tribunals 1980(Act no.7 of 1981)7
which entitled by the Government to establish by an announcement in the gazette of official on
or more8.
The reason of its establishment
Administrative Tribunals to deal with disputes and matter especially regarding service matters of
servants of the civil Administrative Tribunals exercise jurisdiction as to matters which are related
to the conditions and terms of persons who work in the Republic service9; the management,
acquisition, administration, and disposal of property abiding in or driven by the Government and
in any nationalized service or public authority; and any law which is mentioned in the Schedule
of first to the Constitution. The administrative tribunal was started to operate in 188210. To
ensure the smooth operation of the act as well as the completion of the motive of such tribunals
in Bangladesh. We can see that the Government has adopted relevant rules under the provisions
of section 2(1)of the Act11. the Administrative Tribunals Rules, 1982 was introduced to maintain
all the things properly. The Staffs and officers of the Administrative Tribunal Recruitment Rules,
1985, and the Staff and officers of the Administrative Appellate Tribunal Recruitment Rules,
198512.
Effectiveness of the Administrative Tribunal

The Administrative Tribunal act was established for solving the dispute for the employers who
work in the republic service of the government of Bangladesh. It plays a huge role in the context
of Bangladesh. if we analyse the act we can understand its effectiveness. All things were
established to ensure the availability of the proper activity.
7
http://bdlaws.minlaw.gov.bd/act-613.html
8
9
https://www.researchgate.net/publication/341472039_Administrative_Tribunals_in_Bangladesh
10
11
12
Establishment of Administrative Tribunal
If we see section 3(1) of the Administrative Tribunals Act, 198013, we will be able to see that
Government established an Administrative Tribunal in Dhaka in 1982 on 01 February14. It was
established for the whole of Bangladesh. Actually, it was the first time for forming in the history
of Bangladesh. It undertook the robust duty for solving the hassle of the matters of the civil
service and servants15. We can see that ten years later, they realize that it is not possible for the
single tribunal to deal with all increasing cases which were in a large number. So it was
established second Administrative Tribunal on 30 May at Bogura in 199216. but here it was not
enough to ensure speedy justice so nine years later, the Government thought about it and it was
established five more tribunals. now the total amount of tribunals are seven in present
Bangladesh, and it exercises the powers which are given by section 3(2) of the Act17. It is
specified the area that, which tribunal shall exercise jurisdiction and accordingly have been re-
fixed, specified, and altered. Administrative Tribunals have territorial jurisdictions over 61 out of
64 administrative districts in Bangladesh. but we can see that three hilly districts are excluded
from it. They are Bandarban Rangamati and Khagrachari18.
We can see that it is said in Section 3 in subsection 3 of the Administrative Tribunals Act 1980
19
,that How the Administrative Tribunals will be composed in Bangladesh and it was made a
single member tribunal There will be one member and he shall be appointed by the Government
from the person who is at the rank of District Judges20. If we see in the Administrative Tribunal
of India we can see it has consisted of one Chairman and other members are Vice-Chairman, the
Government may fix it. in Bangladesh, the administrative tribunal is a single-member tribunal.
We can see furthermore that the Tribunal service of India and Pakistan Has been worked by
benches on the other hand the Administrative Tribunal in Bangladesh has no bench to perform its
13
14
https://www.lawyersnjurists.com/article/administrative-tribunal-of-bangladesh/
15
16
17
18
19
20
http://www.iosrjournals.org/iosr-jhss/papers/Vol.%2021%20Issue3/Version-1/I2103016576.pdf
activities in an effective way and efficient manner and to make sure its Fruitful and perfect
function21.
Jurisdiction of Administrative Tribunal
In section 4 of, the Administrative Tribunals Act, 198022, we will be able to see that it is told
about the jurisdiction which can be seen in the constitution of Bangladesh as aforesaid in Article
11723.it basically solves problems or disputes which are relating to the conditions and terms of
Persons who actually work in the service of the Republic. We know that it obviates the problem
of the aggrieved party in Administrative Tribunals. it exercises jurisdiction in respect of matters
which are arising out of the terms and conditions or relating of any person who works in
nationalized service statutory public authority; the acquisition, management and any property
disposal issue durable in or managed by the Government 24; and any types of law which are
mentioned to the Constitution in the first schedule. It is clearly understood that the
Administrative Tribunal works on an exclusive jurisdiction for deciding or solving any problem
which is very related to matters of the service and also for Government servants. Such confining
of Administrative Tribunals25 actually arrange the possessing of exclusive jurisdiction as to a
matter of the service for the Government employee. But civil courts have not any jurisdiction in
this type of government service matter. We can discuss a case
Md. Habibur Rahman v. A G, Works and WAPDA, 1987.
In this case, we can see that the court said that the servant of the republic can not go for any
dispute or for any problem in the civil court. If there is any problem with the terms and
conditions in the service of the republic, the servant can go to the administrative tribunal. If they
go to the civil court. It will be denied.
There were happened amendments for much time for the statutory body. There are some public
corporation, financial institute, and servant of the republic can go to the administrative tribunal.
21
22
23
24
25
In section 4 subsection 2 we can see that it is said about when the aggrieved person can go to the
administrative tribunal26. If any person becomes aggrieve then he can go to his higher authority
for solving the dispute. He can not go directly to the administrative tribunal27. At first, that
person can go higher administrative body. If a higher administrative body does not take any
action within 2 months, then he can go to the administrative tribunal. If that person cannot be
satisfied with the solution from the higher administrative body then he can go to the
administrative tribunal within six months. Then he can go to the administrative appellate tribunal
after three months.it can be extended to six months. But it can be possible when there is any
problem of a substantial question of law which is related to article 103 of the constitution of
Bangladesh28.
Administrative Appellate Tribunal
If we see section 6 of the administrative tribunal act29, we can see that it is said about the
administrative appellate tribunal. If anyone appeals in the administrative appellate tribunal. But
its decision is not the final decision. It becomes final in the appellate division of the supreme
court of Bangladesh. But there has to be a substantial question of law, then it may be procced.
But there can be arisen a question that if there happens any violation of a fundamental right in
the administrative tribunal, where can people go then! If there is any violation of fundamental
rights, then it is recommended to go to the appellate division. From the administrative tribunal
aggrieve party can go to the administrative appellate tribunal after three months30, it can be
extended to 6 months. we can relate a case
Bangladesh Bank v. Administrative Appellate Tribunal, 1992
petitioners get the right to leave for appeal. the Appellate Tribunals' decision becomes final in
the provisions of section 6A of the Act31 .so it can be said that a civil servant will get a chance
for ascertaining the appropriateness made by the Appellate Tribunal in the matters of the higher
judiciary.
26
27
28
29
30
31
Power, Binding effect and Penalty of the Tribunal
In section 7 of this act32, we can see that the administrative tribunal act and rules provide when a
person can go to the administrative appellate tribunal. It is also said when it is not possible to go
administrative appellate tribunal33. Here we can also see that is said that when there will be
followed code of civil procedure. It will depend on the nature that the code of civil procedure or
code of criminal procedure will be followed in the order of 43 in the first schedule of CPC 34.
There can be said simply that if there is no substantial interest of the party involved, it will not be
applicable .
If we see section 8 we can see that it is said about the binding effect35. the decision of the
administrative tribunal will be bound for other administrative tribunals. The order which comes
from the administrative appellate tribunal to the appellate division of the supreme court and the
order which takes the appellate division will be binding for the administrative appellate tribunal
and also for the administrative tribunal.
It gives us a common understanding in section 9 of the administrative tribunal act 1980 about the
power of giving punishment36. If anyone creates any situation which obstructs the administrative
appellate tribunal, there will be a punishment of imprisonment which may extend to one month
or five hundred takas or both.
It is now clear about the whole administrative tribunal and its efficacy but we can see that the
Bangladeshi Administrative Tribunals is infected with many types of factual and legal disputes
in the work of their jurisdictional functions and having the constitutional legislative and mandate
intent to ascertain empiric and speedy solution or service disputes37.
32
33
34
35
36
37
Conclusion
Indeed we can say that the government of our country legally enjoys uncontrolled powers in the
appointment of the members of "Administrative Tribunals” in Bangladesh. We know that there is
no provision of maintaining qualifies for taking into account the qualities of a District judge. So
there happens some ambiguity that who can be appointed as a member of the Administrative
Tribunal. Since we often see that almost in all cases the government is a party, it should be
suggested to introduce a proper amendment in section 6 of the "Administrative Tribunals " act. It
will help us to the most of efficient, learned, and impartial District judges can be appointed to
make sure fair justice
Recommendation
There should be an amendment to the Constitution. The Administrative Tribunals need to be
granted the jurisdiction to make the solution of the disputes which are related to the conditions
and terms of a person in any nationalized enterprise service, administration management,
acquisition, and disposal of a property which is vested. It can be managed by the Government;
and if there is any law which is mentioned to the Constitution in the first schedule.
We know that the Administrative Tribunal is not able to give any type of relief to a person in the
Republic service. It is also not able to give relief to any statutory public authority which is
aggrieved because of administrative inertia as earlier predicted. Actually, it should hold some
remedial amount of power by amendment for developing service system.
Then we are also able to understand that to ensure the judgment on appeal, it can be
recommended that the Administrative Appellate Tribunal’s judicial member should be appointed
from the District Judges. They should have some qualities such as high legal acumen, acute
intellect integrity, and impartiality. It can be also said that the Supreme Court needs to be made
the authority in place of the executive authority for the posting, and promotion of the Tribunals
member so that it can be made easy for discharging the functions without any types fear with
their actual conduct.
P.T.O
Bibliography
Legislation
Article of 117 of the constitution of Bangladesh
section 2(1)of the administrative tribunal act 1980
section 3(1) of the Administrative Tribunals Act, 1980
section 3(2) of the Administrative Tribunals Act, 1980
Section 3 in subsection 3 of the Administrative Tribunals Act 1980
section 4 of, the Administrative Tribunals Act, 1980
section 4 subsection 2 Administrative Tribunals Act, 1980
section 6 of the administrative tribunal act
section 7 of this administrative tribunal act
section 8 the administrative tribunal act
section 9 of the administrative tribunal act 1980
case law
Md. Habibur Rahman v. A G, Works and WAPDA, 1987
Bangladesh Bank v. Administrative Appellate Tribunal, 1992

Books
Lecture on administrative law by C.K Takwani
Journal
https://www.researchgate.net/publication/341472039_Administrative_Tribunals_in_Ba
ngladesh
http://www.iosrjournals.org/iosr-jhss/papers/Vol.%2021%20Issue3/Version-1/
I2103016576.pdf
https://www.lawyersnjurists.com/article/administrative-tribunal-of-bangladesh
https://www.lawyersnjurists.com/article/administrative-tribunal-of-bangladesh

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East West University

Course Name -Labour Law

The reason of its establishment

Effectiveness of the Administrative Tribunal

Jurisdiction of Administrative Tribunal

Administrative Appellate Tribunal

Md. Habibur Rahman v. A G, Works and WAPDA, 1987

Bangladesh Bank v. Administrative Appellate Tribunal, 1992

Lecture on administrative law by C.K Takwani

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