Labour Court

Milkhi Ram v. Himachal Pradesh State Electricity Board [Civil Appeal No. 1346 of 2010]

Civil court lacks jurisdiction to entertain a suit structured on the provisions of the Industrial Disputes Act

RELEVANT PARAGRAPH

16. As can be seen from the material on record, the challenge to the termination was founded on the provisions of the ID Act. Although jurisdictional objection was raised and a specific issue was framed at the instance of the employer, the issue was answered against the defendant. This Court is unable to accept the view propounded by the courts below and is of the considered opinion that the civil court lacks jurisdiction to entertain a suit structured on the provisions of the ID Act. The decree favouring the plaintiff is a legal nullity and the finding of the High Court to this extent is upheld.