- (1.) The present revision petition has been filed by the petitioners-defendants under Section 115 of Code of Civil Procedure, 1908 challenging the order dated 01/05/2012 passed by the Civil Judge (J.D.) No.2, Jaipur Metropolitan (hereinafter referred to as 'the Trial Court') in Civil Suit No.557/2009, whereby the Trial Court has dismissed the application of the petitioners-defendants filed under Order VII Rule 11 of CPC.
(2.) It appears that the respondent-plaintiff has filed the suit challenging his termination order on the ground that the petitioners-defendants had passed the said order in violation of the principle of natural justice. In the said suit, the petitioners-defendants had filed the application under Order VII Rule 11 of CPC contending inter-alia that the Court did not have the jurisdiction to try the suit as the services of the respondent-plaintiff was governed under the Rajasthan State Road Transport Workers and Workshop Employees (Standing) Orders, 1965 and as per the Schedule-2 of the Industrial Disputes Act, 1947, such dispute could be decided by the Labour Court or by the Industrial Court only. The Trial Court, having considered the facts and circumstances of the case and after hearing the learned counsel for the parties, has dismissed the said application vide impugned order, against which the present revision petition has been filed.
(3.) The learned Senior Counsel Mr. Vishwajeet Mantri, for the petitioners relying upon the decisions of Hon'ble Apex Court in cases of Rajasthan State Road Transport Corporation & Others vs. Deen Dayal Sharma, 2010 6 SCC 697, Rajasthan State Road Transport Corporatino & Anr. vs. Bal Mukund Bairwa, 2009 4 SCC 299 & Damodaran Pillai & Ors. vs. South Indian Bank Ltd., 2005 7 SCC 300 has submitted that the services of the respondent having been terminated in view of the Standing Orders of the petitioners, only the Labour Court would have the jurisdiction to decide the dispute, as per the Industrial Disputes Act, and that the jurisdiction of the Civil Court is impliedly barred.;