MESSERS MADURA COATS LTD Vs. DEVADOSS SATHRAJ

JUDGEMENT

(1.) The petitioners are the defendants in O.S.No.109 of 2002. The respondent/plaintiff filed the suit against the petitioners/defendants for a declaration that the transfer order dated 27.12.2001 issued by the first petitioner to the respondent transferring him to Bombay, is not sustainable, and for a permanent injunction restraining the petitioners/defendants from disturbing the respondent/plaintiff in his continuous employment with the second petitioner/second plaintiff.

(2.) The petitioners/defendants filed I.A.No.720 of 2002 wherein they had contended that under Section 2(k) of the Industrial Disputes Act (hereinafter referred to as "the Act"), plaintiff can approach only the Labour Court or the Industrial Tribunal, and the Civil Court has no jurisdiction to entertain any suit with regard to the dispute between the workmen and the management under Section 2-A and 2(k) of the Act. The learned Principal District Munsif has held that the Civil court has got jurisdiction to conduct an enquiry into the matter and to take the suit on file and try the same.

(3.) Had the learned Principal District Munsif decided that the maintainability of the suit can be decided along with other issues at the time of trial, there will be no cause for this Civil Revision Petition being filed by the petitioners. Since the learned Principal District Munsif has held that the Civil Court has got jurisdiction, this revision petition has been filed by the petitioners.