1Civil Appeal No.7007 of 2003
This Appeal has been filed against the impugned judgment of the High Court of Kerala at Ernakulam dated 6th September, 2002 passed in C.M.A.No. 114 of 2001 2002 (3) KLT 481 -Apollo Tyres Ltd. v. Sebastian) whereby the High Court while confirming the judgment and decree of the Court below has held that the Civil Court has jurisdiction to entertain the matter.

2. The respondent plaintiff, hereinafter referred to as the 'plaintiff was an employee of the appellant defendant, hereinafter referred to as the 'defendant' which is a private company and not State under Art. 12 of the Constitution Of India, 1950.

3. Facts giving rise to this appeal are:
3.1. The plaintiff filed a suit being O.S. No. 2098 of 1999 before the Munsiff's Court, Irinjalakuda, District Thrissur, Kerala seeking the following reliefs:
"A. Declaring that plaintiff is still a workman (Radial Tyre Builder) and continues to be a workman under the defendant entitled for wages and all other consequential benefits of service from the defendant.
B. Declaring that the order of transfer (Ref.WKS/PSL dated 8.10.1999) issued by , the defendant transferring plaintiff to West Bengal is intended to victimize,