BANK OF BARODA Vs. TRIVENIPRASAD JAMNAPRASAD MISHRA

JUDGEMENT

(1.) The order passed by the Joint Civil Judge (Junior Division), Yeotmal in Regular Civil Suit No. 252/81 on 18-6-1983 rejecting the applications Exhibits 24 and 25 filed by the defendant-petitioner Bank of Baroda, has been challenged in this revision.

(2.) The plaintiff opponent who was an employee of the Bank of Baroda at Yeotmal was informed by letter dated 29-7-1921 that he was to retire from the Bank 31-12-1981. The plaintiff informed the Bank that his date of birth was 12-5-1931 and not 12-5-1921 and according to the Regulations of the Bank, he was normally to retire after attaining the age of 60 years. He also pointed out that his date of birth (12-5-1921) mentioned in the registers of the Bank was not correct. His representation was rejected by the Bank. The plaintiff, therefore, instituted a suit for declaration that his date of birth is 12-5-1931 and as such the letter issued by the Bank on 29-7-1981 was bad in law. A consequential relief restraining the Bank from acting upon this letter ha also been claimed. A further injunction restraining the defendant from superannuating the plaintiff before the aged of 60 years is also claimed.

(3.) The defendant appeared in pursuance of the summons and filed a written statement. It also filed two applications (Exhibits 24 and 25) alleging that the dispute raised by the plaintiff is mainly an industrial dispute within the meaning of Industrial Disputes Act and as such the Civil Court had no jurisdiction to entertain and decide the suit, that the jurisdiction being completely barred by necessary implication under section 9 of the Code of Civil Procedure. Another plea was also raised that the Civil Court was incompetent to grant the injunction under section 38 of the Specific Relief Act. These two applications gave rise to the order passed by the learned Judge who, on hearing both the parties, held that the Civil Court had a necessary jurisdiction and the suit should proceed further according to law. It is this order which has been the subject matter of this revision.