Judgment :-

Civil Appeal No. 7007 of 2003

This Appeal has been filed against the impugned judgment of the High Court of Kerala at Ernakulam dated 06th September, 2002 passed in CMA No. 14 of 2001 whereby the High Court while confirming the judgment and decree of the court below has held that the civil Court has jurisdiction to entertain the matter.

The respondent-plaintiff, hereinafter referred to as the plaintiff was an employee of the appellant-defendant, hereinafter referred to as the defendant which is a private company and not State under Article 12 of the Constitution.

Facts giving rise to this appeal are:

The plaintiff filed a suit being OS No. 2098 of 1999 before the Munsiffs Court, Irinjalakuda, District Thrissur, Kerala seeking the following reliefs:

"A. Declaring that plaintiff is still a workman (Radial Tyre Builder) and continues to be a workman under the defendant entitled for wages and all other consequential benefits of service from the defendant.

B. Declaring that the order of transfer (Ref. WKS/PSL dated 08-10-1999) issued by the defendant transferring plaintiff to West Bengal is intended to victimize, made with malafide intentions, irregular and illegal.

C. Res