INDIAN RARE EARTHS LTD Vs. C SUKUMARAN

JUDGEMENT

(1.) APPELLANT is the defendant in the suit filed by the respondents for a declaration that they are retrenched workers of the appellant/Company, entitled to get re-employment in the appellant-Company and also for a mandatory injunction directing the appellant to provide them employment in the appellant-Company and for costs. The same was contested by the defendants. The trial Court after considering the oral and documentary evidence adduced by both sides, decreed the suit as prayed for. Against which the appellant herein preferred an appeal in A.S. No. 1 of 1991 on the file of the Subordinate Judge, Padmanabhapuram. The first appellate Court confirmed the decree and judgment passed by the trial Court and dismissed the appeal. Against which the above Second Appeal has been preferred.

(2.) THE Second Appeal was admitted on the following substantial question of law: "Whether both the Courts below were right and justified in law in holding that the Civil Courts had jurisdiction to try and decide the suit.?

(3.) MR. Moin learned counsel appearing on behalf of M/s. Aiyar & Dolia for the respondents would contend that the appellant herein had denied that respondents were the retrenched workers of the appellant-Company and therefore, the necessity arose for declaratory prayer, hence the respondents herein had filed the suit before the Civil Court viz., District Munsif, Padmanabhapuram. The following catena of judgments were cited on the legal aspect of jurisdiction of the Civil Court with regard to the case relat ing to the Industrial Dispute:"