Back
ANIL KSHETARPAL
Punjab Khand Udyog Ltd. – Appellant
Versus
Major Singh – Respondent
JUDGMENT
Anil Kshetarpal, J.
In this regular second appeal, the defendants assail the correctness of the concurrent findings of fact arrived at by the courts below while decreeing the plaintiff's (respondent herein) suit for grant of decree of declaration to the effect that his suspension order dated 31.01.1989, the charge sheet dated 04.02.1985 and the dismissal order passed on 23.05.198, were illegal, unlawful, void and he is entitled to be reinstated in service with all emoluments has been decreed by both the courts below.
2. On 13.09.1989, Hon'ble Mr. Justice J.V.Gupta, as he then was, passed the following order:-
The civil court lacks jurisdiction to declare employment dismissals illegal, redirecting claims to the appropriate labor forum under the Industrial Disputes Act.
Civil courts lack jurisdiction over employment disputes governed by the Industrial Disputes Act, necessitating resolution in designated forums.
(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....
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 U.P. Cooperative Societies Act excludes the jurisdiction of the U.P. Industrial Disputes Act for disputes between employees of cooperative societies and the societies.
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
