9911796707
TMI Blog2004 (12) TMI 711X X X X Extracts X X X X X X X X Extracts X X X X ..... evision Petition No. 2211 of 2003. 3. Briefly stated, the facts are as follows: On 29.6.1985, respondent herein was appointed as senior pharmacist in National Institute of Mental Health & Neuro Sciences, appellant herein. On 21.6.1988, respondent herein was charge-sheeted for alleged misappropriation of drugs to the extent of Rs. 1,79,668.46. A detailed and elaborate enquiry was conducted by the enquiry officer. On 20.2.1993, the enquiry officer submitted his findings holding that the respondent, as a senior pharmacist, was responsible for shortages of drugs in the year 1987 to the extent of Rs. 1,79,668.46. By show-cause notice dated 1.3.1993, the disciplinary authority, being the Director of the appellant-Institute, stated that he has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant in removing the respondent from service by order dated 12.4.1993 was justified. On 16.8.2000, issues were framed by the Civil Court in the aforestated suit No. 1732/95, the main issue being whether the Institute proves that the respondent has caused pecuniary loss of Rs. 1,79,668.46. On 29.10.2001, the Labour Court set aside the order of removal dated 12.4.1993 and directed reinstatement of the respondent with continuity of service but without back wages. 5. Aggrieved by the award of the Labour Court, the appellant preferred writ petition No. 24348 of 2002 in the High Court questioning the award of the Labour Court dated 29.10.2001. By interim order dated 24.7.2002, the High Court stayed the operation of the order of reinstatement dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ises for determination is - whether application dated 20.6.2003 filed by the respondent under Section 10 read with Section 151 CPC seeking stay of civil suit No. 1732/95 in the Court of City Civil Judge, Bangalore, was maintainable. 8. The object underlying Section 10 is to prevent Courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of the -same matter in issue. The object underlying Section 10 is to avoid two parallel trials on the same issue by two Courts and to avoid recording of conflicting findings on issues which are directly and substantially in issue in previously instituted suit. The language of Section 10 suggests that it is referable to a suit instituted in the civil Court and it cannot app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent moved the Labour Court. On 29.10.2001, the Labour Court passed an award setting aside the order of removal dated 12.4.1993. Being aggrieved, the appellant instituted writ petition No. 24348/02. The appellant has also instituted civil suit No. 1732/95 for recovery of the loss suffered by it to the tune of Rs. 1,79,668.46 with interest. Thus, as can be seen from the above facts, both the proceedings operated in different spheres. The subject matter of the two proceedings is entirely distinct and different. The cause of action of the two proceedings is distinct and different. The cause of action in filing the said suit is the loss suffered by the appellant on account of the shortage of drugs. On the other hand, in the said writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so as to nullify the provisions of the Code. Where the Code deals expressly with a particular matter, the provision should normally be regarded as exhaustive. In the present case, as stated above, Section 10 CPC has no application and consequently, it was not open to the High Court to bye-pass Section 10 CPC by invoking Section 151 CPC. 13. Before concluding, we may clarify that we have not gone into the merits of the two cases and observations made herein constitute reasons in support of this judgment and such observations will neither bind the trial Court in the pending civil suit No. 1732/95 nor the High Court in the pending writ petition No. 24348/02. All questions on merit are expressly kept open. Nothing we have stated in this judgm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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