RAJASTHAN STATE ROAD TRANSPORT CORP. MANAGING DIRECTOR & ANR. versus RAMESH KUMAR SHARMA

RAJASTHAN STATE ROAD TRANSPORT CORP. MANAGING DIRECTOR & ANR. versus RAMESH KUMAR SHARMA

Applying the principles in Premier Automobiles and the summarized principles in Rajasthan State Road Transport Corporation v. Krishna Kant, the Court held that recovery of the fine in the present case is not covered by Section 2-A of the Industrial Disputes Act, 1947 and there was no ground to interfere with the impugned order refusing to reject the plaint; accordingly the appeal was dismissed and the civil court was directed to proceed to try the suit forthwith and endeavour to conclude trial and pronounce judgment within six months.

Parties
Appellant: RAJASTHAN STATE ROAD TRANSPORT CORP. MANAGING DIRECTOR & ANR.; Respondent: RAMESH KUMAR SHARMA
Jurisdiction
India
Judgment Date
16 January 2020
Procedural Posture
Civil Appeal / Appeal to Supreme Court From High Court Order in Civil Revision Petition
Outcome
Appeal dismissed
Legal Topics
Order VII Rule 11 CPC, Section 2(k) Industrial Disputes Act, 1947, Section 2 a Industrial Disputes Act, Standing Orders, Jurisdiction of Civil Courts, Alternative Dispute Resolution
Industrial Disputes Civil Procedure Labour Law Order VII Rule 11 CPC Section 2(k) Industrial Disputes Act, 1947 Section 2 a Industrial Disputes Act, 1947 Standing Orders Jurisdiction of Civil Courts +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

RAJASTHAN STATE ROAD TRANSPORT CORP. MANAGING DIRECTOR & ANR.

Appellant

RAMESH KUMAR SHARMA

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court From High Court Order in Civil Revision Petition

Legal Issues

  1. 1 Whether the plaint was liable to be rejected under Order VII Rule 11 CPC and the respondents relegated to remedy under the Industrial Disputes Act, 1947
  2. 2 Whether recovery of a fine imposed by the employer falls within Section 2-A of the Industrial Disputes Act, 1947 and thus is exclusively triable under forums created by that Act
  3. 3 Whether a dispute founded on alleged breach of standing orders or contract is maintainable in a civil court or must be referred to industrial fora

Ratio Decidendi

Applying the principles in Premier Automobiles and the summarized principles in Rajasthan State Road Transport Corporation v. Krishna Kant, the Court held that recovery of the fine in the present case is not covered by Section 2-A of the Industrial Disputes Act, 1947 and there was no ground to interfere with the impugned order refusing to reject the plaint; accordingly the appeal was dismissed and the civil court was directed to proceed to try the suit forthwith and endeavour to conclude trial and pronounce judgment within six months.

Court Disposition

Appeal dismissed

Orders

  • The Civil Appeal is dismissed.
  • The Civil Judge is directed to forthwith proceed to try Civil Suit No.774/2005 and endeavour to complete the trial and pronounce the judgment, if not already pronounced, within six months from the date of receipt of the order.