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1979 Supreme(SC) 324

A.P.SEN, N.L.UNTWALIA
Sitaram Kashiram Konda – Appellant
Versus
Pigment Cakes And Chemicals Mfc. Company – Respondent


Advocates:
AMIRISH KUMAR, K.JAYRAMAN GOWDA, M.V.GOSWAMY, T.S.CHITALE

JUDGMENT

The plaintiff appellant filed a suit in the trial Court in the year 1963 alleging certain unjustifiable and illegal actions on the part of his employer, the respondent in this appeal. The reliefs claimed in the suit were the following :-

"(a) That it may be declared that the defendant has removed the plaintiff from service illegally and without any reason.

(b) That it may be declared that the defendant failed and neglected to reemploy the plaintiff although the defendant restarted the factory.

(c) That the defendant be ordered to reinstate the plaintiff to his former job with due benefits and advantages.

(d) In the alternative the defendant may be ordered to pay to the plaintiff such compensation as to the Honble Court may deem fit.

(e) For costs of the suit.

(f) For such further and other reliefs as this Honble Court may deem fit".

2. On contest by the respondent, the trial Court held that the dispute raised by the appellant was in the nature of an industrial dispute and hence the Civil Court had no jurisdiction to try it. The appellant took the matter in appeal before the First Appellate Court. It allowed the appeal and held that the dispute raised was of a civil nature and the






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