REGIONAL MANAGER MAHARASHTRA STATE ROAD TRANSPORT CORP NAGPUR Vs. CIVIL JUDGE SENIOR DIVISION 3RD JOINT AT AKOLA

JUDGEMENT

(1.) THIS revision application is directed against order dated 20-6-1991 passed by the non-applicant No. 1 - the Civil Judge, rejecting the objection, under section 9 of the Code of Civil Procedure, as regards the jurisdiction of the Court; to try a matter relating to a member of the Trade Union.

(2.) THE non-applicant No. 2 is an Union of the employee engaged in the applicants establishment. The Union is registered under the provisions of the Trade Unions Act. 1926 (hereinafter referred to "the Act of 1926), and was affiliated as a member to the non-applicant No. 3 Federation, which is also a registered Union. The non-applicant No. 2 filed a civil suit claiming a declaration that it being a member of the Federation, has the exclusive rights to enjoy the privileges and claimed that the Corporation be restrained from acting on a letter dated 2-12-1990 issued by the Federation whereunder it accepted the membership of non-applicant No. 4 Union. The trial Court granted the temporary injunction. The matter is pending in appeal.

(3.) THE applicant raised an objection to the maintainability of the suit in view of section 28 (1-A) of the Act, of 1926 which confers the jurisdiction on the Industrial Court to try the dispute amongst other relating to the membership of a trade Union. The trial Court by the impugned order dated 20-6-1991 rejected the objection holding that the jurisdiction of the Civil Court is barred only as regards to those disputes which are referred to the Industrial Court, under section 28 (1-A) of the Act, 1926.