- (1.) The jurisdiction of civil court to order reinstatement of the respondent and grant of financial benefits of service to him has been questioned in this appeal.
(2.) The respondent was appointed as conductor by the Rajasthan State Road Transport Corporation - (for short, 'appellants') on October 11, 1982. On January 17, 1983, while the respondent was on duty on Badi Chopad - Amer route, a surprise inspection was done and six passengers were found travelling in the bus without tickets. The respondent was dismissed from service vide order dated January 24, 1983. The respondent preferred departmental appeal against the order of dismissal dated January 24, 1983 but the said appeal was dismissed on September 5, 1985. He preferred review before the reviewing authority which too was dismissed on April 13, 1987. The respondent then filed a civil suit in the Court of Additional Munsif and Judicial Magistrate No.2, Jaipur City, Jaipur against the appellants praying therein that the order of dismissal dated January 24, 1983 be declared unlawful, illegal, void and ineffective being contrary to the Standing Orders as no departmental enquiry was held and he be held to be entitled to all benefits as if he continued in service.
(3.) Although no written statement was filed by the appellants, they challenged the jurisdiction of civil court orally and submitted that the dispute being an industrial dispute, it can only be resolved by the Industrial Tribunal.;