SHASUN CHEMICALS AND DRUGS LTD Vs. V DURAISWAMY

JUDGEMENT

(1.) THE Civil revision petition is filed to strike off the plaint in O.S.No,9024 of 2008 on the file of the VII Assistant City Civil Court at Chennai.

(2.) THE first respondent was appointed as operator from 1993 in the petitioner-s establishment. THE petitioner issued order of Imputation on 12.9.2008 to the first respondent and three others which was also published in the newspaper on 27.11.2008 stating that -Due to Exigencies of work, you are deputed to work at M/s. Total Drugs & Intermediates Pvt. Ltd., Gaddapothoram, Kazipalli Village, Medak District, Andrapradesh with effect from 15.9.2008.- This order was challenged by the employees including the first respondent before the learned VII Assistant Judge, City Civil Court, Chennai, in a suit to declare the said order as null and void. Earlier, the first respondent filed an application for interim stay under Order 39 Rule 1 C.P.C. and the petition was dismissed. THE petitioner presently has come forward with this petition under Article 227 of Constitution of India.

(3.) AS far as the facts of the present case are concerned, whether it is a transfer or deputation, the matter will be covered by the provisions of the Industrial. Disputes Act. In the considered opinion of this Court, the first respondent would not seek remedy before Civil Court challenging the order of deputation and he should have gone to the appropriate forum for necessary legal remedies, in such view of this matter, the plaint in O.S.No,9024 of 2008 has to be necessarily struck off from the file of the VII ASsistant City Civil Court, Chennai.