Court : Hon'ble Supreme Court
Brief : Under Section 9 of Code of Civil Procedure Code whether the Civil Court has jurisdiction in the Labour disputes. Overlapping jurisdiction of two Courts in service matters. Held- when a right accrues under two statutes vis-à-vis the common law right, the employee concerned will have an option to choose his forum.
Citation : Civil Appeal No. 2945/2008 decide on 24 April 2008
Rajsthan Road Transport Corp. Vs Mohar Singh
Held:Civil Court may have a limited jurisdiction in service matter but it can not be said to have no jurisdiction at all to entertain a suit. It may not be entitled to sit in appeal over the order passed in the disciplinary proceedings or on the quantum of punishment imposed. It may not in a given case direct reinstatement in service having regard to Section 14(1)(b) of Specific Relief Act but it is a trite law that where the right is claimed by the plaintiff in terms of the Common Law or under a Statute other than the one which created a new right for the first time and when the forum has also been created for enforcing the said right, the Civil Court shall also have jurisdiction to entertain a suit where the plaintiff claims benefit of fundamental right as adumbrated under Article 14 of the Constitution of India or mandatory provisions of statute or statutory rules governing the terms and condition of service.
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