Opinion - Letters to the Editor   

Justice denied

Sir, — Your Editorial "Justice denied" ( July 12 ). rightly describes the order of the Madras High Court rejecting the petitions of the Government employees as a `disappointment'. The administrative tribunals were created for the purpose of convenience and have limited utility. They cannot be and should not be considered convenient alternatives to the courts of law.

In deciding whether a case falls within the jurisdiction of administrative tribunals, the High Court is expected to consider the seriousness of the issue and the number of individuals likely to be affected and the decision needs to be based on discretion rather than on fixed rules and procedures. In fact, as a guardian of the Constitutional provisions, the High Court has not only powers but also the duty to take a decision on the Government servants' summary dismissal which is a violation of Article 311 of the Constitution.

C. Ramesh,
Keeramangalam, T.N.

Sir, — If the Madras High Court holds the view that the writ petitions were "not maintainable" without exhaustion of the remedy before the State Administrative Tribunal, the petitions could have been rejected at the admission stage itself. The judgment did not say anything about the maintainability of the Essential Services Maintenance Act, plus the ordinance with retrospective effect, nor on the applicability of the ESMA itself in the present case as it is a "lawless law" as per norms of the International Labour Commission's four-point declaration of Fundamental Principles of Rights at Work 1998, as clearly enunciated in your Editorial.

V.N. Gopal,
Chennai

Sir, — Your Editorial is the only soothing touch for lakhs of employees and teachers. One is at a loss to understand how the erosion of the principles of natural justice does not amount to infraction of law.

K. Ramasami,
Coimbatore

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