TMI Blog2021 (10) TMI 478X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. Appeal dismissed. - CIVIL APPEAL NO. 1346 OF 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d completed 240 days of uninterrupted service were the main issues framed by the civil court. Both the issues ware answered in favour of the plaintiff. The learned Judge referred to the provisions of Section 25B and 25F of the ID Act and noted that the plaintiff had rendered service for well above 240 days in one year and therefore his service could not have been terminated without complying with the statutory requirement. Accordingly, the suit was decreed ordering reinstatement of the plaintiff with back wages. The defendant was directed to also consider regularization of service, for the plaintiff. 5. The Board challenged the above decision in the Civil Suit No. 100 of 1985, before the District Judge, Dharamshala by filing the Civil Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffered the post of LDC on 22.8.2001 and since the decree holder gave a conditional joining report and was required to re-submit a joining report as per rules, nothing further is required to be done for execution of the decree. The executing court negated the Board s objection and the application of the decree holder under Order XXI Rule 32 of the Code of Civil Procedure, 1908 (for short the CPC ) was allowed by directing the Board to give effect to the decree. 8. The order of executing court was challenged by the Board in Civil Revision No. 16/2006. The Board contended before the High Court that the civil court had no jurisdiction to adjudicate a claim arising out of the ID Act and relief for the aggrieved employee could have been grant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingh Pundir, the learned counsel submits that the appellant has rendered service as a daily wager since 11.12.1976 and his service could not have been terminated without following the due process. According to the appellant s counsel even when relief is claimed based on the provisions of the ID Act, the jurisdiction of the civil court is not entirely barred. In support of his contention, Mr. Pundir relies upon Rajasthan State Road Transport Corporation and Ors. vs. Mohar Singh [ (2008) 5 SCC 542 ]. 12. On the other hand, Mr. Naresh K. Sharma, the learned counsel for the respondent Board, in support of the impugned judgment, reiterates the contention made before the High Court and submits that jurisdiction of the civil court is ousted whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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. 15. The cited cases i.e. Khadarmal (supra) and Ugma Ram Choudhry (supra) pertain to employees under the Rajasthan State Road Transport Corporation. The three judges Bench of this Court while adverting to the challenge to termination of service opined tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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