REGENT COMPUTRONICS PVT. LTD.

Indian Maritime University Appellant

V/S

VISWANATHAN Respondents

Referred Judgements :-

JUDGEMENT

(1.) W .P(C).22184/13 was filed by the first respondent herein, seeking to quash Ext.P1 order issued by the appellant, the first respondent in the writ petition, and to direct the appellant to allow him to join duty as Professor (Management). When the writ petition came up for orders, appellant raised an objection that since the entire cause of action had arisen at Chennai, the writ petition filed in this Court was not maintainable. By order dated 27.11.2013, the objection was overruled and the writ petition was held maintainable. It is aggrieved by this order, W.A.743/14 is filed. Since the judgment in the writ appeal will have an impact on the maintainability of the writ petition, with the consent of the counsel on both sides, W.P(C).22184/13 was also called for to the Full Bench.

(2.) WHEN the writ appeal came up for consideration before a Division Bench, on behalf of the respondents, reliance was placed on the Division Bench judgment of this Court in Selvin Abraham v. Punjab & Sind Bank [2013 (3) KLT 481]. However, on going though the said judgment, the Division Bench felt that the view taken in Selvin Abraham (supra) was apparently in conflict with the principles laid down by a Full Bench of this Court in Nakul Deo Singh v. Deputy Commissioner [1999 (3) KLT 629 (FB)]. Accordingly, by order dated 12.6.2014, the writ appeal was referred to be considered by a Full Bench.

(3.) SUBSEQUENT to the reference of the writ appeal, W.P (C).8678/14 came up for consideration before a learned single Judge, where also, an objection regarding the maintainability of the writ petition for want of territorial jurisdiction over the cause of action was raised, placing reliance on the judgment of the Full Bench in Nakul Deo Singh (supra) and the petitioner therein placed reliance on the judgment in Selvin Abraham (supra). When the matter was considered on 17.6.2014, the learned single Judge was informed that doubting the correctness of the judgment in Selvin Abraham (supra), W.A.743/14 is already referred and is pending consideration of a Full Bench. Accordingly, the learned single Judge passed order dated 17.6.2014, directing to list this writ petition along with W.A.743/14. This is the background in which these cases are listed before the Full Bench.

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INDIAN MARITIME UNIVERSITY Vs. VISWANATHAN

Referred Judgements :-

JUDGEMENT

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