BOMBAY TYRES INTERNATIONAL LTD Vs. P CHITTI BABU

JUDGEMENT

(1.) The defendant in the suit who is aggrieved by the order of the Courts below that the suit filed by the Plaintiff is triable by Civil Courts and secondly the Plaintiff is entitled to an order of injunction till the disposal of the suit, is the revision petition.

(2.) The facts are simple : The respondent is a driver in the employment of the petitioner. In the year 1953, he gave certain particulars regarding his date of birth and on the basis of such information, his date of birth was entered in the registers of the company as 15th September, 1921. As per rules of the company, he would reach the age of superannuation on 30th September, 1981 on completion of 60 years of age. In August, 1980 the respondent addressed the Petitioner to have his date of birth corrected as 26th June, 1925. Since the Petitioner did not accept the revision of age sought for by the respondent, the later filed a suit O.S. No. 2058/81 praying for the reliefs of (1) a declaration of his date of birth as 26th June, 1925; (2) a direction to the Company to alter the records in conformity with the prayer mentioned above and (3) for consequential relief of injunction restraining the petitioner from terminating his service on 30th September, 1981. The respondent also obtained an order of interim injunction.

(3.) The Petitioner raised a two-fold objection against the order of injunction. The first was the suit was not maintainable before the Civil Court and the respondent ought to have raised an industrial dispute. The second was that in any event, the balance of convenience was not in favour of the respondent and hence interim injunction should not be granted.