LAWS(SC)-2005-10-137

RAJASTHAN SRTC Vs. UGMA RAM CHOUDHRY

Decided On October 26, 2005
RAJASTHAN SRTC Appellant
V/S
Ugma Ram Choudhry Respondents

JUDGEMENT

(1.) Delay condoned.

(2.) One of the questions raised in these appeals is whether the civil court had jurisdiction to entertain the suit filed by the respondent for setting aside an order of termination and for consequential declarations. This question is no longer res integra. This Court in Rajasthan SRTC V/s. Krishna Kant and in Rajasthan SRTC V/s. Zakir Hussain and in an unreported order of this Court dated 6.10.2005 in Rajasthan SRTC V/s. Khadarmal has held that a civil court has no jurisdiction. In view of these decisions, it has to be held that the civil court has no jurisdiction to grant a relief of reinstatement and the consequential reliefs. Thus, the orders passed are without jurisdiction and are hereby set aside.

(3.) Reliance was placed upon para 37 of the judgment in Krishna Kant case which reads as follows: