B. P. Jeevan Reddy, J. - (1.) Leave granted in all Special Leave Petitions.
(2.) The respondents in these appeals are the employees of the appellant-Corporation, viz., Rajasthan State Road Transport Corporation. Pursuant to disciplinary enquires held against them on charges of misconduct, their services were terminated. They filed civil suits for a declaration that the order terminating their services is illegal and invalid and for a further declaration that they must be deemed to have continued and are still continuing in the service of the Corporation with all consequential benefits. The Corporation resisted the suits on the ground inter alia that the Civil Court had no jurisdiction to entertain the suits. The Trial Court decreed the suits as prayed for. Appeals as also Second Appeals preferred by the Corporation were dismissed by the learned District Judge and High Court.
(3.) When these appeals came up for hearing before a Bench of two learned Judges of this Court, the appellant-Corporation relied upon the principles enunciated in Paragraphs 23 and 24 of the judgment in Premier Automobiles Limited v. Kamlekar Shantaram Wadke of Bombay (1976) 1 SCC 496, and in particular upon the decision in Jitendra Nath Biswas v. M/s. Empire of India and Ceylone Tea Co. (1989) 3 SCC 582 . The Bench was of the opinion, agreeing with the decision in Jitendra Nath Biswas, that the Civil Court had no jurisdiction to entertain the present suits but in view of the order dated October 18, 1989 in S.L.P.(C) No. 9386 of 1988 (rendered by two-Judge Bench of this Court) holding a civil suit concerning a similar dispute to be maintainable, the Bench thought it appropriate that the appeals are heard by a Bench of three Judges. It is pursuant to their order dated September 23, 1993 that these appeals have been placed before this Bench.;