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2021 (10) TMI 478 - Indian Laws
Jurisdiction of civil court to entertain the civil suit based on the Industrial Disputes Act, 1947 - termination of temporary employees - seeking execution of decree - HELD THAT:- In the present matter, the appellant has clearly founded his claim in the suit, on the provisions of the ID Act and the employer therefore is entitled to raise a jurisdictional objection to the proceedings before the civil court. The courts below including the executing court negated the jurisdictional objection. The High Court in Revision, however has overturned the lower court’s order and declared that the decree in favour of the plaintiff is hit by the principle of coram non judice and therefore, the same is a nullity.
As can be seen from the material on record, the challenge to the termination was founded on the provisions of the ID Act. Although jurisdictional objection was raised and a specific issue was framed at the instance of the employer, the issue was answered against the defendant. This Court is unable to accept the view propounded by the courts below and is of the considered opinion that the civil court lacks jurisdiction to entertain a suit structured on the provisions of the ID Act. The decree favouring the plaintiff is a legal nullity and the finding of the High Court to this extent is upheld.