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2016 Supreme(SC) 1662

SUPREME COURT OF INDIA
KURIAN JOSEPH & ROHINTON FALI NARIMAN, JJ.
B.S.N.L. - Petitioner
Versus
Mohd. Jamey & Anr. - Respondents
Civil Appeal No. 5448 of 2016 (@ Special Leave Petition (C) No. 35884 of 2013)
Decided on : 01-07-2016

The court's decision not to exercise jurisdiction was influenced by the respondent-workman's long-standing employment as a Driver.

Headnote:

Jurisdiction - Employment - Driver - The court declined to exercise its jurisdiction as the respondent-workman, who had been working in the appellant-establishment for 13 years, was engaged as a Driver.

Fact of the Case:

The respondent-workman had been working in the appellant-establishment for the last 13 years as a Driver.

Finding of the Court:

The court declined to exercise its jurisdiction, considering the respondent-workman's long-standing employment as a Driver.

Issues: The main issue was whether the court should exercise its jurisdiction in the case of the respondent-workman, who had been working as a Driver in the appellant-establishment for 13 years.

Ratio Decidendi: The court's decision was influenced by the respondent-workman's long-standing employment as a Driver, leading to the decline in exercising jurisdiction.

Final Decision: The appeal was dismissed, and no costs were awarded.

JUDGMENT :

KURIAN JOSEPH, J.

1. Leave granted.

2. We are informed that the respondent-workman has been working in the appellant-establishment for the last 13 years. In that view of the matter, we are not inclined to exercise our jurisdiction, particularly in view of the fact that the respondent-workman is engaged as a Driver.

3. The appeal is, accordingly, dismissed. No costs.

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