CHIEF ENGINEER, HYDEL PROJECT & ORS. versus RAVINDER NATH & ORS.

CHIEF ENGINEER, HYDEL PROJECT & ORS. versus RAVINDER NATH & ORS.

The civil courts had no jurisdiction to entertain the suit regarding reinstatement and back wages for work-charge employees after termination, as the matter falls exclusively under the Industrial Disputes Act. Any decree passed without jurisdiction is a nullity and cannot be upheld even if the objection was not raised earlier.

Parties
Appellant: Chief Engineer, Hydel Project & Ors.; Respondent: Ravinder Nath & Ors.
Jurisdiction
India
Judgment Date
24 January 2008
Procedural Posture
Civil Appeal / Supreme Court Appeal From Final Judgment and Order of High Court in Regular Second Appeal No. 2286 of 1991
Outcome
Appeal allowed
Legal Topics
Certified Standing Orders, Work Charge Employees, Industrial Disputes Act, Jurisdiction of Civil Court, Reinstatement, Retrenchment
Labour Law Civil Procedure Certified Standing Orders Work Charge Employees Industrial Disputes Act Jurisdiction of Civil Court Reinstatement Retrenchment

Case Brief

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Parties

Chief Engineer, Hydel Project & Ors.

Appellant

Ravinder Nath & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Final Judgment and Order of High Court in Regular Second Appeal No. 2286 of 1991

Legal Issues

  1. 1 Whether civil courts have jurisdiction to entertain suits by work-charge employees for reinstatement and back wages after termination/retrenchment.
  2. 2 Whether the jurisdiction plea can be raised before the Supreme Court despite not being raised in earlier proceedings.

Ratio Decidendi

The civil courts had no jurisdiction to entertain the suit regarding reinstatement and back wages for work-charge employees after termination, as the matter falls exclusively under the Industrial Disputes Act. Any decree passed without jurisdiction is a nullity and cannot be upheld even if the objection was not raised earlier.

Court Disposition

Appeal allowed

Orders

  • Judgments of the Trial Court, First Appellate Court and the High Court set aside as civil court had no jurisdiction to deal with the suit.
  • No order as to costs.