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1974 Supreme(Kar) 52

M.S.NESARGI
ALBERT DSOUZA – Appellant
Versus
DIVIL. CONTROLLER AND DY. GENL. MANAGER, MSRTC – Respondent


Advocates:
K.S.PUTTASWAMY, P.Rangaswamy

( 1 ) A common question of law arises in all these, tweny-two revision petitions. These revision petitions are riled against rejecion of plaints in different suits filed by the petitioners in the Court of the Munsiff, Hassan. The petitioners-plaintiffs filed those suits contending that the disciplinary enquiries poposed to be held by the Divisional Controller, Hassan, were beyond the pqwers of the said Divl. Controller, and, hence, he could not, in law, proceed to hold disciplinary enquiries against them and pass orders of dismissal or such other orders, and, therefore, the Court should declare, that the action that was taken and further proposed to, be taken by the divl. Controller, was beyond his powers and issue an injunction restraining him from proceeding further into the, proposed departmental enquiries against the petitioner-plaintiffs.

( 2 ) IT was contended on behalf of the Divi. Contoller that the Civil Court had no jurisdiction as the matter was governed by the, provisions of the industrial Disputes Act and, therefore, the suits were not maintainable and they were to be dismissed.

( 3 ) THE learned Munsiff inquired into this contention in regard to jurisdiction and concl










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