OM PRAKASH MALVIYA Vs. SHAMBHU NATH SINGH

JUDGEMENT

(1.) THIS revision is directed against the order dated 5.9.2006 passed by 1st Civil Judge Class-II, Baidhan, District Sidhi by which the trial Court rejected an application filed by petitioner under section 9 of Code of Civil Procedure, 1908 (hereinafter referred to as 'Code' for short) and held that the civil Court has jurisdiction to decide the suit.

(2.) THIS order has been assailed by the petitioner on the ground that under section 28J of the Trade Unions Act, 1926 (hereinafter referred to as 'Act') the civil Court has no jurisdiction to entertain a suit and the suit filed by respondent No. 1 was not maintainable before the civil Court. It is submitted that the trial Court erred in rejecting the application filed by the petitioner. Reliance is placed to a Single Bench judgment of Bombay High Court in Regional Manager, MSRTC v. Civil Judge, Senior Division and others [ 1994 (1) LLJ 140] and submitted that this revision be allowed and the suit filed by the respondents be dismissed as not maintainable.

(3.) THE trial Court by the impugned order found that in this case the dispute is not industrial dispute, but it is a personal dispute between plaintiff and defendants and the bar created under section 28J of the Act is not applicable and rejected the aforesaid application.