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VIVEK CHAUDHARY
Hindustan Aeronautics Limited – Appellant
Versus
S. S. Sharma – Respondent
JUDGMENT :
Hon'ble Vivek Chaudhary, J.
Heard Shri Diptiman Singh, counsel for the appellant.
2. The appellant has approached this Court challenging the judgment and decree dated 3.11.1979 passed by the Civil Judge 1st, Kanpur in Civil Appeal No. 326/79.
3. Learned counsel for the appellant submits that the sole question of law involved in the present second appeal is as to whether the suit was not maintainable before the Civil Court as the relief sought for is squarely covered by the provisions of the Industrial Disputes Act, 1947. He claims that it is the Labour Court which has jurisdiction to entertain such a matter and, hence, a Civil Court has no jurisdiction.
4. Heard learned counsel for the appellant and perused the records with his assistance. No one is present for the respondent despite the service of notice through the publication.
5. The facts of the case are that a suit was filed with the following relief:
The jurisdiction over employment-related disputes, particularly promotions, lies exclusively with Labour Courts under the Industrial Disputes Act, 1947.
(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 civil court lacks jurisdiction to declare employment dismissals illegal, redirecting claims to the appropriate labor forum under the Industrial Disputes Act.
The repeal of Section 2-A(2) of the Industrial Disputes Act invalidated the Labour Court's jurisdiction, rendering its judgments null and void.
A petition under Section 33C(2) of the Industrial Disputes Act cannot be maintained without prior adjudication or agreement.
Civil courts lack jurisdiction over employment disputes governed by the Industrial Disputes Act, necessitating resolution in designated forums.
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