1989 (8) TMI 361 - SC - Indian Laws

Summary

Issues Involved:
1. Jurisdiction of the Civil Court to entertain the suit.
2. Maintainability of the suit in the present form.

Summary:

Issue 1: Jurisdiction of the Civil Court to entertain the suit

The primary issue in this appeal is whether the civil court has the jurisdiction to entertain a suit filed by the appellant plaintiff, an employee of M/s. Empire of India and Ceylon Tea Co. Pvt. Ltd., who was dismissed from service. The appellant sought a declaration that his dismissal was null and void, back wages, and an injunction against the dismissal order. The trial court held that the civil court had jurisdiction, but the High Court reversed this decision, stating that the relief sought could only be granted under the Industrial Disputes Act, thereby barring the civil court's jurisdiction.

The Supreme Court upheld the High Court's decision, emphasizing that the relief of reinstatement and back wages is available only under the Industrial Disputes Act, which provides a specific procedure and machinery for such disputes. The Court referenced Section 9 of the CPC, which states that civil courts have jurisdiction unless expressly or impliedly barred. The Court concluded that the Industrial Disputes Act impliedly excludes the jurisdiction of civil courts for such matters.

Issue 2: Maintainability of the suit in the present form

The trial court framed two preliminary issues: whether the suit was maintainable in its present form and whether the court had jurisdiction. The trial court found the suit maintainable, but the High Court disagreed, asserting that the nature of the relief sought by the appellant was such that it could only be granted under the Industrial Disputes Act.

The Supreme Court agreed with the High Court, noting that the appellant's claim essentially sought reinstatement and back wages, which are remedies provided exclusively under the Industrial Disputes Act. The Court highlighted that the Act not only confers the right to such relief but also outlines a detailed procedure and machinery for obtaining it, thereby implying the exclusion of civil court jurisdiction.

The appeal was dismissed, with the Supreme Court directing both parties to bear their own costs, considering the appellant's long-standing unemployment.