BHARAT ELECTRONICS LTD Vs. ASWATHANARAYAN B
LAWS(KAR)-1966-7-9
HIGH COURT OF KARNATAKA
Decided on July 06,1966

BHARAT ELECTRONICS LTD., BANGALORE Appellant
VERSUS
ASWATHANARAYAN B. Respondents

JUDGEMENT

- (1.)The petitioners are defendants and the respondent is the plaintiff in Original Suit No. 652 of 1963 on the file of the Second Munsif, Bangalore. The plaintiff, an employee of the defendants, sued for declaration that the punishment imposed on him by the defendants is illegal and for a mandatory injunction to retransfer him to his original department. The defendants, inter alia, contended that the civil Court's jurisdiction to try the suit is barred by the provisions of the Industrial Disputes Act, 1947. On the said contention, the trial Court raised the following issues : (1) Is the suit not maintainable in view of the plea in Para. 20 of the written statement ? (2) Is the jurisdiction of the Civil Courts barred under the provisions of the Industrial Disputes Act ?
(2.)Paragraph 20 of the written statement referred to above reads :
"The plaintiff is the vice-president of one of the unions and in spite of it he has not chosen to seek relief under the provisions of the Industrial Disputes Act, 1947. His object in having recourse to the civil Court is to side-step the provisions of the special enactment and have protracted proceedings in the civil Court though the scope of enquiry even in the civil Court is limited to ascertaining as to whether or not the domestic enquiry conducted by defendant 1 has been in order. The suit as laid is wanting in bona fides and not maintainable and has to be dismissed for want of jurisdiction."

(3.)The Munsif heard arguments on the above issues concerning jurisdiction and rejected the contention of the defendants. Against the said decision, defendants have preferred the above revision petition.


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