HUSSAIN S M Vs. IX ASSISTANT JUDGE

JUDGEMENT

(1.) This Civil Revision Petition is filed invoking the extraordinary jurisdiction vested in this Court under Article 227 of the Constitution of India by an employee."

(2.) Petitioner is an employee of the second respondent - M/s. Siemens Limited. By an order dated 19-9-1994, the petitioner was transfer'ed from Hyderabad to Manipal Branch in Karnataka State. The petitioner was directed to join duties with effect from 3-10-1994. Questioning the said order, the petitioner had instituted a suit in O.S.No. 5193 of 1994 before the IX Assistant Judge, City Civil Court, Hyderabad - first respondent (hereinafter referred to as "the lower Court"). Along with the said suit, the petitioner also filed I.A. No.1373 of 1994 seeking ad-interim injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure.

(3.) In the said application, a detailed counter was filed by the second respondent-Company opposing the relief. The Second respondent had taken a categorical stand in the counter that the reliefs claimed by the petitioned are beyond the jurisdiction of the Civil Court both in regard to the subject matter as well as jurisdiction. It was also stated in the counter that no part of cause of action arose within the jurisdiction of the lower Court. Basing on these contentions, the lower Court examined the entire aspect on a consideration of the series of decisions referred to by the parties and dismissed the suit on the ground that the Court has no jurisdiction and returned the plaint to the petitioner herein. Aggrieved by the said order of the lower Court in I.A.No. 1373 of 1994 in O.S.No. 5193 of 1994 dated 20-12-1994, the present Civil Revision Petition has been filed under Article 227 of the Constitution of India.