Conducting cases in 2 forums
P.ESAKKIMUTHU
(Querist) 04 April 2012
This query is : Resolved
Our union is conducting permanancy of workmen cases in 2 forums one before the Central Govt.Industrial Tribunal under ID Act.1947 and another one before the Dy.Chief Inspector of Factories under TN Industrial Establishment (conferment of permanent status to workmen ) Act.1981. In 2004-3-LLN-598 PARA 35, THE hc cHENNAI has held that there is no exclusion provision in either Acts .Hence I presume there is no bar in conducting in both forums. Recently I come accross a judgement of Justice Mr. K.Chandru of Madras HC that one decision in one forum will automatically terminate the proceedings of other forum when one case is conducted in 2 forums.Kindly clarify the position with ref.to decisions of HC/SC
Ajay Bansal
(Expert) 04 April 2012
Since both proceedings are governed under CPC, so as per section 10 of CPC second proceedings would be stayed and if in first proceedings, a judgement or final order on merits is come-out, then second proceedings will be automaically terminated. So judgement of Madras High court is correct.
