9911796707
TMI Blog1991 (4) TMI 465X X X X Extracts X X X X X X X X Extracts X X X X ..... to see Judge Analytics, JJ. JUDGMENT Ranganath Misra, J. 1. Special leave granted. 2. Appellant was a workman under the respondent and in his service record his date of birth was initially shown as 1-7-1930 and later changed to 23-10-1933. On the basis of the original entry, he was about to be superannuated. It is not in dispute that under the Respondent's Standing Orders, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urts shall subject to the provisions herein contained, have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. The scope of Section 9 has been the subject matter of a long series of decisions and it is difficult to contend-and Mr. Ashwini Kumar has, therefore, fairly accepted the position that a suit for correcting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... institution of the proceeding and since on 7-1-1988 when the civil suit was filed none of the eventualities covered by Section 2-A had happened, the appellant could not have approached the forum under the 1947 Act for relief. 5. The other question which Mr. Ashwini Kumar has raised is as to whether the civil Court would have jurisdiction to give injunction against superannuation or the other an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich the Civil Court could have granted. On the basis of the rectification of the date of birth granted by the Civil Court, the appellant is entitled to' work out his remedy in a different forum prescribed by law, but we find that the respondent is Public Sector Undertaking and it would do well in settling the claim of the appellant instead of driving him to a proceeding under Section 33-C(2) o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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