JAGAT SINGH Vs. ESCORTS LIMITED

JUDGEMENT

(1.) PETITIONER Jagat Singh was appointed as Helper by M/s. Escorts Limited, Faridabad on 1-10-1963. During the course of his employment, he was promoted as Gas Cutting Profile Cutter Operator. At the time of joining the service, the petitioner declared his date of birth as 19-4-1932. In July, 1989 he was informed that as per rules, he would be retired on April 18, 1990. Apprehending that respondent may retire him on 18-4-1990, he filed a suit for declaration claiming that his date of birth was 18-9-1936 and he could be retired only on 18-9-1994. Along with the suit, he filed an application for grant of ad-interim injunction. The suit as well as the application was contested by the respondent-Company who apart from challenging the jurisdiction of the Civil Court, also controverted the allegation made by the petitioner in the plaint as well as in the application.

(2.) LEARNED Sub-Judge 1st Class, Faridabad granted ad-interim injunction as he was of the view that the Civil Court has jurisdiction to entertain the suit.

(3.) RESPONDENT filed appeal before the Additional District Judge who vide impugned order allowed the appeal and dismissed the application for ad-interim injunction. Appeal was allowed primarily on the ground that the petitioner has alternative and efficacious remedy by approaching the authorities under the Industrial Disputes Act. The Additional District Judge also took the view that prima facie Civil Court has no jurisdiction to entertain the suit. Therefore, the petitioner is not entitled to temporary injunction. This order is being challenged by way of this civil revision in this Court.