Order of interim injunction set aside in revision.

J. Janarthanan, J.

1. The revision petitioner is Indian Oxygen Limited, Madras, under whom the respondent herein is an employee, on 7.4.1988, the petitioner company served a charge memo and placed the respondent under suspension for certain misconduct on his part, on which he sent a reply on 11.4.1988. Thereafter, one Mr. Madhavaiah was appointed as Enquiry Officer, on completion of the enquiry on 2.12.1988, he submitted a report and on the basis of that report, a show cause notice had been issued as to why he should not be dismissed from service. At this stage, he filed Original Suit No. 188 of 1989 on the file of learned District Munsif, Poonamallee for the relief of declaration and injunction. He also filed I.A. No. 393 OF 1989 and obtained ad-interim injunction. After enquiry, ad-interim injunction granted earlier was made absolute. It is this order that is being challenged in the Civil Revision Petition.

2. Learned Counsel appearing for the revision petitioner would make a scathing attack as to the sustainability of this order made by the Court below by urging the following points for consideration:

1. The pleadings of the respondent in the plaint, if scanned with a little bit of care and caution, would point out that the grievance of complaint, if any he had against the petitioner company, was that the domestic enquiry instituted against him is contrary to the Standing Orders of the Company and in that view of the matter, it will fall within the, ambit and scope of Items 1 and 2 of Second Schedule to the Industrial disputes Act, 1947 (for short 'the Act') and consequently, the Civil Court's Jurisdiction is barred.

2. The order passed as such by the Court below is clearly without jurisdiction tantamounting to abuse of process of law and therefore such an Order, which is a nullity, cannot be allowed to stand and the interests of justice require this Court, in exercise of the powers of revision under Section 115 of the Code of Civil Procedure as well as in exercise of the power of superintendence over all subordinate Courts under Article 227 of the Constitution of India, to interfere and set at naught the consequences flowing from such an order.

3. Learned Counsel appearing for the respondent would repel the submissions as above and so much his point of view in the form of proposition as hereunder:

1. The reliefs prayed for by the respondent are not grantable in any of the forums constituted under the provisions of the Act and therefore it is recovers has to be had invoking the jurisdiction of the Civil Court.

2. If for any reason this Court comes to the conclusion that the Civil Court is not having the requisite jurisdiction, even then the order passed by the Court below cannot be set at naught by this Court exercising its powers under Section 115 of the Code of Civil Procedure in view of the fact that the Order of the Court below is an appeal-able order and appeal lies to the District Judge, who alone will be having requisite power to interfere with the same.

4. Before embarking upon a discussion on the submissions made by learned Counsel appearing on both sides, quite proper it is to refer to the decision of the apex of the judicial administration of the country as well as the decisions rendered by this Court expounding the principles governing the jurisdiction of the Civil Court and the forums constituted under the provision of the Act.

5. In Premier Automobiles Ltd., v. K.S. Wade, the Supreme Court enunciated the principles thus:

The principles applicable to the jurisdiction of the Civil Court in relation to an industrial dispute may be stated thus:

1. If the dispute is not an industrial dispute, nor does it relate to enforcement of any other right under the Act, the remedy lies only in the Civil Court;

2. If the dispute is an industrial dispute arising out of a right or liability under the general or common law and not under the Act, the jurisdiction of the Civil Court is alternative, leaving it to the election of the suitor