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TASHI RABSTAN
Cadila Pharmaceuticals Ltd. – Appellant
Versus
Anil Dogra – Respondent
JUDGEMENT/ORDER :
1. Petitioners have come up before this Court through the medium of instant petition challenging the order dated 30.10.2012 passed by the learned Additional District Judge, Jammu (for short, trial Court) where by learned trial Court while framing the issues also decided a preliminary issue relating to jurisdiction of the trial Court to hear and decide the suit which has been decided against the petitioners-defendants holding that the same was mixed question of fact and law. A prayer has been made for setting aside the said order dated 30.10.2012 passed by the trial Court.
2. Facts leading to the institution of the suit before the trial Court, in short, are that the respondent-plaintiff came to be appointed as Medical Representative of the defendant company with Headquarter at Shimla, in the year 1988 and as per the terms of appointment, all or any dispute arising with regard to employment of respondent-plaintiff was subject to the restricted jurisdiction of the Courts/Tribunals at Ahmedabad (Gujarat). It is alleged that the services of respondent-plaintiff were terminated vide order dated 30.07.2004 and aggrieved of the same, he filed a civil suit before the trial C
The lack of jurisdiction is a fatal issue and must be resolved before proceeding further.
The court established that the territorial jurisdiction of the court was not completely excluded by the jurisdiction clause of the employment agreement, and the court had the jurisdiction to entertai....
The court ruled that jurisdiction clauses in employment contracts may be disregarded for fairness, allowing local courts to hear cases where the employment relationship's substantive issues arise.
The main legal point established in the judgment is that the issue of territorial jurisdiction can be tried as a preliminary issue under Order XIV Rule 2 of the Civil Procedure Code.
Jurisdiction clauses in contracts specifying exclusive forums are valid if they do not contravene statutory provisions.
(1) Territorial jurisdiction of Court – Court not having jurisdiction as per statutory regime cannot be bestowed jurisdiction by means of contract.(2) As long as an employment contract does not offen....
Parties may restrict jurisdiction to a designated court by agreement, provided that court holds jurisdiction over the matter.
Labour/Industrial Courts in Maharashtra have jurisdiction to hear complaints of unfair labour practice if relevant decisions are made within Maharashtra, despite employee postings outside the State.
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