VIDESH SANCHAR NIGAM LTD Vs. C DASARATHAN

JUDGEMENT

(1.) AS against the dismissal of the I.A.No:14483 of 2003 in O.S.No.1459 of 2003 filed by the revision petitioner/defendant, for rejection of the Plaint, this revision has been filed.

(2.) THE brief facts of the case are as follows:-

(3.) ACCORDING to the learned counsel for the respondent having resorted to all the remedies, the respondent has filed the suit for the relief of treating the suspension period as qualifying period and for pay during the said period. ACCORDING to the learned counsel, the it is not an industrial dispute as defined under section 2(k) of the Industrial Disputes Act as there is no dispute between the employer and workmen which is connected with the employment or non employment or the terms of employment of the conditions of labour of any person. On the other hand it is a dispute between an employer and a single workman which cannot be an industrial dispute, and it is not also espoused through Trade Union or by a group of workmen. Moreover the dispute is regarding treatment of suspension period as qualifying service period and it is not a dispute relating to either discharge, dismissal, retrenchment or termination. Hence the issue does not even fall within the definition of a deemed industrial dispute within the meaning of Section 2A of the Act. Therefore, Section 2(k) will not apply to approach the Labour Court and the only remedy available to him is to approach the civil court as held by the Supreme Court in Rajasthan State Road Transport Corporation Vs. Krishna Kant (1995 (5) SCC 75).