KANHAIYA LAL Vs. TOWN EDUCATION SOCIETY

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 13th October, 1982 passed by the 1st Additional District Judge, Ballia in Civil Appeal No. 177 of 1981 allowing the defendants appeal arising out of Original Suit No. 368 of 1975, Kanhaiya Lal v. Town Educational Society and others, decreeing the suit with costs against the defendants.

(2.) VIDE order dated 21 -2 -1983 the appeal was admitted on the question as to whether the suit was maintainable in Civil Court. It is alleged that the findings of the lower appellate Court are manifestly erroneous and without jurisdiction. It is further alleged that the suit filed by the plaintiff -appellant was only for injunction restraining the defendants -respondents from terminating the services of the appellant and the view taken by the trial Court was correct and that of the lower appellate Court is manifestly erroneous.

(3.) IN view of the fact that this case is covered by the decision of the apex Court referred to above, the appeal is decided against the plaintiff -appellant and the suit is dismissed. It is, however, directed that the plaintiff -appellant may raise an industrial dispute before the Deputy Labour Commissioner, who shall refer the same to the Labour Court, Industrial Tribunal for adjudication within a month as provided under the U.P. Industrial Disputes Act, 1947. Thereafter the Labour Court, Industrial Tribunal shall decide the matter within six months from the date of receipt of a certified copy of this order and if need be the hearing of the case may be on day -to -day basis as provided under Rule 12 framed under the U.P. Industrial Disputes Act.