NANDRAM versus M/S. GARWARE POLYSTER LTD.

NANDRAM versus M/S. GARWARE POLYSTER LTD.

Both Labour Courts at Aurangabad and Pondicherry have jurisdiction since the cause of action partly arose at Aurangabad where the decision to terminate was made, and partly at Pondicherry where the employment ended.

Parties
Appellant: Nandram; Respondent: M/s. Garware Polyster Ltd.
Jurisdiction
India
Judgment Date
16 February 2016
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Territorial Jurisdiction, Termination of Employment, Closure of Industrial Unit
Service Law Labour Law Territorial Jurisdiction Termination of Employment Closure of Industrial Unit

Case Brief

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Parties

Nandram

Appellant

M/s. Garware Polyster Ltd.

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Labour Court at Aurangabad has territorial jurisdiction to consider the complaint regarding termination of the appellant.
  2. 2 Whether both Labour Courts at Pondicherry and Aurangabad have jurisdiction in the case of termination resulting from closure of the unit.

Ratio Decidendi

Both Labour Courts at Aurangabad and Pondicherry have jurisdiction since the cause of action partly arose at Aurangabad where the decision to terminate was made, and partly at Pondicherry where the employment ended.

Court Disposition

Appeal allowed

Orders

  • Order of High Court and Industrial Court at Aurangabad set aside.
  • Order of Labour Court Aurangabad restored.