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MAHENDAR KUMAR GOYAL
Rajasthan State Road Transport Corporation – Appellant
Versus
Raghu Nath Kurdia – Respondent
JUDGMENT :
Mr. Mahendar Kumar Goyal, J. - This civil second appeal has been preferred against the judgement and decree dated 18.10.1995 passed by the learned Additional District Judge No.5, Jaipur City, Jaipur (for brevity, "the learned appellate Court") in Regular Civil Appeal No.139/1990 whereby, while dismissing the appeal preferred by the appellants/defendants (for brevity, "the defendants"), the judgement dated 25.03.1989 passed by the learned Upper Munsif Magistrate No.3, Jaipur City, Jaipur (for brevity, "the learned trial Court") decreeing the Civil Suit No.524/88 (548/86) filed by the respondent/plaintiff (for brevity, "the plaintiff") for declaration, has been affirmed.
2. The relevant facts in brief are that the plaintiff filed a suit for declaration against the defendants stating therein that while working as a permanent conductor with the defendants, he was served upon with a charge-sheet dated 30.03.1981 levelling allegation that he was found carrying 14 passengers without ticket and was issued another charge-sheet dated 27.05.1982 with similar allegation for different route. It was averred that without giving him proper opportunity of hearing and defence, vide order da
Civil courts have jurisdiction to try suits challenging termination orders on the ground of violation of equality and principles of natural justice.
Civil courts lack jurisdiction over employment disputes governed by the Industrial Disputes Act, necessitating resolution in designated forums.
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 central legal point established in the judgment is that the termination of employment must adhere to principles of natural justice, including the opportunity for a hearing, and that civil courts ....
The jurisdiction over employment-related disputes, particularly promotions, lies exclusively with Labour Courts under the Industrial Disputes Act, 1947.
Civil Courts lack jurisdiction to enforce contracts of personal service; such matters must be addressed under the Industrial Disputes Act.
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....
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