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MANOJ BAJAJ
Dhl Express (India) Private Limited – Appellant
Versus
Presiding officer Industrial Tribunal Cum Labour Court-Ii Gurugram – Respondent
| Table of Content |
|---|
| 1. nature of the employment dispute and jurisdiction (Para 1 , 2 , 3) |
| 2. argument on territorial jurisdiction raised by petitioner (Para 4 , 5) |
| 3. response regarding territorial jurisdiction from respondent (Para 6) |
| 4. consideration of materials regarding jurisdiction (Para 7 , 8) |
| 5. court's analysis of precedents related to jurisdiction (Para 9 , 10 , 11 , 12) |
| 6. assessment of the cause of action and existing jurisdiction (Para 13 , 14) |
| 7. final decision on the jurisdictional dispute (Para 15) |
JUDGMENT
Manoj Bajaj, J. (Oral)
Petitioner has filed this writ petition under Article 226 Constitution of India for issuance of a writ in the nature of Certiorari for quashing of the order dated 17.01.2000 (Annexure P-1), whereby the appropriate Government sent the reference before the Labour Court, Gurgaon for adjudicating the labour dispute, as well as the order dated 06.08.2019 (Annexure P-2) passed by Industrial Tribunal-cum-Labour Court-II, Gurugram/Respondent No.1, whereby the preliminary issue relating to the territorial jurisdiction raised by the petitioner has been decided against it.
2. Briefly, the facts pleaded in the writ petition are that respondent No.2-Girvar Yadav was
The situs of employment is an important factor which determines the jurisdiction. The cause of action is to be determined by applying the principle as enumerated in Code of Civil Procedure, 1908. The....
The main legal point established in the judgment is that the Labour Court in the area where the workman was employed and where the cause of action arose would have territorial jurisdiction, as suppor....
Whenever any proceedings are filed before any Authority or Court and if one of party were to raise an objection as regards pecuniary jurisdiction or territorial jurisdiction, said Court could decide ....
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.
The Labour Court at Chandigarh has jurisdiction over the dispute as the decision to terminate the workman was made at the head office located there, despite the workman being posted in Tirupur.
The Labour Court at Chandigarh has jurisdiction to adjudicate the termination claim as the decision to terminate was made at the head office in Chandigarh, establishing part of the cause of action th....
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