Skip to content


Sitaram Kashiram Konda Vs. Pigment Cakes and Chemicals Mfg. Co. - Court Judgment

LegalCrystal Citation
SubjectService
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 5 of 1969
Judge
Reported inAIR1980SC16; [1979(39)FLR347]; (1979)IILLJ444SC; (1979)4SCC12; [1980]1SCR125; 1979(1)SLJ552(SC)
AppellantSitaram Kashiram Konda
RespondentPigment Cakes and Chemicals Mfg. Co.
Appellant Advocate K. Jayaram and;Amicus Curia
Respondent Advocate Y.S. Chitale, ; M.V. Goswami and ; Ambrish Kumar, Advs.
Cases ReferredPremier Automobiles Ltd. v. Kamlekar Shantaram Wadke of Bombay and Ors.
Prior historyFrom the Judgment and Order dated June 20, 1968 of the Bombay High Court in Appeal 48 of 1966--
Excerpt:
service - dismissal - appeal against order of high court that dispute was in nature of industrial dispute and civil court had no jurisdiction to try it - appellant was wrongfully dismissed from service - relief could be granted by civil court if it found that appellant'case true - order passed by court below liable to be set aside - matter remanded back to trial court for disposing in accordance with law. - interpretation of statutes section 35-h(1) (prior to its deletion w.e.f. 28.12.2005) & sections 35,35-b, 35-ee & 35-g & limitation act, 1963, sections 5 & 29(2): [k.g.balakrishnan, c.j. & p. sathasivam & j.m. panchal, jj] reference - condonation of delay held, high court has no power to condone delay beyond period specified in section 35-h of the central excise act. appeal and..........the trial court held that the dispute raised by the appellant was in the nature of an industrial dispute and hence the civil court had to jurisdiction to try it. the appellant took the matter in appeal before the first appellate court. it allowed the appeal and held that the dispute raised was of a civil nature and the case was cognizable by a civil court. the respondent filed the second appeal in the high court and the high court has agreed with the view of the trial court.it has said that the appellant had not claimed damages by pleading wrongful dismissal and breach of the contract of his service. the facts pleaded by him all converged to show that the dispute was an industrial dispute cognizable only by an industrial court and not by a civil court. the appellant has presented.....
Judgment:
ORDER

N.L. Untwalia, J.

1. The plaintiff-appellant filed a suit in the Trial Court in the year 1963 alleging certain unjustifiable and illegal actions on the part of his employer, the respondent in this appeal. The reliefs claimed in the suit were the following :-

(a) That it may be declared that the defendant has removed the plaintiff from service illegally and without any reason.

(b) That it may be declared that the defendant failed and neglected to re-employ the plaintiff although the defendant restarted the factory.

(c) That the defendant be ordered to reinstate the plaintiff to his former job with due benefits and advantages.

(d) In the alternative the defendant may be ordered to pay to the plaintiff such compensation as to the Hon'ble Court may deem fit.

(e) For costs of the suit.

(f) For such further and other reliefs as this Hon'ble Court may deem fit.

2. On contest by the respondent, the Trial Court held that the dispute raised by the appellant was in the nature of an industrial dispute and hence the Civil Court had to jurisdiction to try it. The appellant took the matter in appeal before the First Appellate Court. It allowed the appeal and held that the dispute raised was of a civil nature and the case was cognizable by a Civil Court. The respondent filed the second appeal in the High Court and the High Court has agreed with the view of the Trial Court.It has said that the appellant had not claimed damages by pleading wrongful dismissal and breach of the contract of his service. The facts pleaded by him all converged to show that the dispute was an industrial dispute cognizable only by an industrial court and not by a Civil Court. The appellant has presented his appeal in this Court by a certificate granted by the High Court.

3. The Court is obliged to Mr. K. Jayaram for assisting it as Amicus Curiae in this case. After having appreciated the entire facts and the circumstances of the case, we are of the opinion that it is not quite correct to say that the suit filed by the appellant is not maintainable at all in a Civil Court. The correct position of law is that the main reliefs asked for by him which when granted will amou'nt to specific performance of the contract of service and therefore they cannot be granted. There are a number of decisions of this Court to that effect; to wit-Dr. S.B. Dutt v. University of Delhi : [1959]1SCR1236 ; S. R. Tiwari v. District Board Agra and Anr. : (1964)ILLJ1SC and Indian Airlines Corporation v. Suhhdeo Rai. [1971] Suppl. S.C.R. 510 Reference was also be made in this connection to the decision of this Court in Premier Automobiles Ltd. v. Kamlekar Shantaram Wadke of Bombay and Ors. : (1975)IILLJ445SC

4. But then in the alternative, the appellant had also prayed for awarding compensation to him. And reading the plaint as a whole, it can legitimately be culled out that he had made out a case, whether it was right on fact or not, that is a different question, that he was wrongfully dismissed from service. This relief could be granted by the Civil Court if it found that the plaintiff's case was true. The High Court, in our opinion, is not right in saying that no such case had at all been made out in the plaint. In our opinion, as we have earlier said, reading the plaint as a whole, such case can be spelt out. That being so to this limited extent, the matter could be examined by the Civil Court.

5. We accordingly allow the appeal set aside the judgments of the courts below and send back the case to the Trial Court for disposing it of in accordance with law in the light of this judgment. There will be no order as to costs. Since the suit has become very old, the Trial Court is directed to dispose it of as expeditiously as possible.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //