Back
J. C. DOSHI
Taluka Panchayat – Appellant
Versus
Harijan Raghavbhai Khimjibhai – Respondent
JUDGMENT :
J.C. Doshi, J.
1. As in both the second appeals, the impugned judgment and decree is common, one and the same, with the consent of learned advocates appearing for the parties, they are being disposed of by this common judgment.
2. Second Appeal No.30 of 2001 is filed against the judgment and order dated 26.4.2000 passed by the learned Extra Assistant Judge, Morbi in Civil Misc. Appeal No.5 of 1998, whereby the learned appellate Court modified the judgment and decree dated 31.12.1997 passed by the learned Civil Judge (J.D.), Wankaner in Regular Civil Suit No.57 of 1991 to the extent of allowing the cross objection-cum-appeal by directing the defendant Panchayat to pay up the entire amount of salary with effect from impugned order dated 6.5.1991 till today within a period of three months from the date of this judgment.
2.1. Second Appeal No.29 of 2001 is filed against the judgment and order dated 26.4.2000 passed by the learned Extra Assistant Judge, Morbi in RCA No.1 of 1998, whereby the learned appellate Court confirmed the judgment and decree dated 31.12.1997 passed by the learned Civil Judge (J.D.), Wankaner in Regular Civil Suit No.57 of 1991.
3. Brief facts of the case ar
Civil courts lack jurisdiction over employment disputes governed by the Industrial Disputes Act, necessitating resolution in designated forums.
Civil courts have jurisdiction over wrongful termination claims in private employment, but reinstatement cannot be mandated if employment is governed by private contractual rules. Remedies may includ....
The civil court lacks jurisdiction to declare employment dismissals illegal, redirecting claims to the appropriate labor forum under the Industrial Disputes Act.
(1) Civil Courts may have limited jurisdiction in service matters, but jurisdiction may not be available to Court to adjudicate on orders passed by disciplinary authority.(2) Civil Court lacks jurisd....
The earlier ruling by the Central Administrative Tribunal was deemed a nullity due to lack of jurisdiction, allowing the workwoman's claim for reinstatement to be adjudicated afresh.
Nomenclature of the petition or the nature of relief sought for is not the only determining factor, but the nature of power available to be invoked before the High Court is one such important guiding....
Estoppel can prevent a party from raising an issue if they have previously acquiesced to a different forum for dispute resolution. The appropriate forum for dispute resolution must be determined base....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
