BHARAT ELECTRONICS LTD Vs. ASWATHANARAYAN B

JUDGEMENT

(1.) The petitioners are defendants and the respondent is the plaintiff in Original Suit No. 652 of 1963 on the file of the Second Munsif, Bangalore. The plaintiff, an employee of the defendants, sued for declaration that the punishment imposed on him by the defendants is illegal and for a mandatory injunction to retransfer him to his original department. The defendants, inter alia, contended that the civil Court's jurisdiction to try the suit is barred by the provisions of the Industrial Disputes Act, 1947. On the said contention, the trial Court raised the following issues : (1) Is the suit not maintainable in view of the plea in Para. 20 of the written statement ? (2) Is the jurisdiction of the Civil Courts barred under the provisions of the Industrial Disputes Act ?

(2.) Paragraph 20 of the written statement referred to above reads :

(3.) The Munsif heard arguments on the above issues concerning jurisdiction and rejected the contention of the defendants. Against the said decision, defendants have preferred the above revision petition.