S.N.VARIAVA, A.R.LAKSHMANAN, S.H.KAPADIA
R. S. R. T. C. – Appellant
Versus
Ugma Ram Choudhary – Respondent
JUDGMENT :
S.N. Variava, J.
Delay condoned.
2. One of the questions raised in these Appeals is whether the Civil Court had jurisdiction to entertain the Suit filed by the Respondent for setting aside an order of termination and for consequential declarations. This question is no longer res-integra.
3. This Court in the case of Rajasthan State Road Transport Corporation And Another v. Krishna Kant And Others reported in (1995) 5 SCC 75 and in the case of Rajasthan State Road Transport Corporation and Others v. Zakir Hussain reported in (2005) 7 SCC 447 and in an unreported Order of this Court dated 6th October, 2005 in Civil Appeal No.3428 of 2003 (Rajasthan State Road Trpt. Corpn. & Ors. v. Khadarmal) has held that a Civil Court has no jurisdiction. In view of these decisions, it has to be held that the Civil Court had no jurisdiction to grant a relief of reinstatement and the consequential reliefs. Thus, the orders passed are without jurisdiction and are hereby set aside.
4. Reliance was placed upon para 37 of the Judgment in Krishna Kant 's case (supra) which reads as follows:-
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.