RAJASTHAN STATE ROAD TRANSPORT CORPORATION RAJASTHAN STATE ROAD TRANSPORT CORPORATION RAJASTHAN STATE ROAD TRANSPORT CORPORATION Vs. KRISHNA KANT:MOHD JAKI:RAMESH CHANDRA TAILOR

JUDGEMENT

(1.) These appeals and the special leave petition have been filed by the Rajasthan State Road Transport Corporation, hereinafter referred to as 'the Corporation', which is constituted under the provisions of Road Transport Corporations Act, 1950. The respondents in these matters were employees of the Corporation. Their services were terminated on charges of misconduct. They filed civil suits seeking declaration that the termination of their services was null and void and that they should be treated to be under employment of the Corporation. The orders of termination were assailed on the ground that the same had been passed in contravention of the standing orders framed by the Corporation under the Industrial Employment (Standing Orders) Act as well as Article 311 (2 of the Constitution. The said suits have been decreed by the courts below.

(2.) The question which has been raised by the Corporation is with regard to jurisdiction of the civil courts to entertain the suits. It has been urged that dispute between the Corporation and the respondent-employees whose services have been terminated was an industrial dispute under the Industrial Disputes Act, 1947, hereinafter referred to as 'the Act', and in view of the decision of this court in Premier Automobiles Ltd. v. Kamlekar Shantaram Wadke of Bombay' the jurisdiction of the civil courts is barred and the only remedy available to the respondent-employee is that provided under the Act, viz. to have the dispute referred for adjudication to a labour court.

(3.) In the Premier Automobiles case (decided by a bench of three Hon'ble Judges of this court) , the principles applicable to the jurisdiction of the civil court in relation to an industrial dispute have been stated thus: