JARNAIL SINGH Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE petitioner was working as ,a Conductor with respondent No. 2 when his services were illegally terminated on 06.10.1977. Initially, perhaps on the wrong advise of his advocate, the petitioner filed a civil suit challenging the order of termination of his service. The respondents took a preliminary objection to the maintainability of the civil suit on the ground that the petitioner would have to seek a reference as provided under the Industrial Disputes Act (hereinafter referred to as 'the, Act'). The suit was dismissed on 05.05.1980 by the learned Senior Sub Judge, Amritsar, holding that the civil Court had no jurisdiction to try this suit. The plaint was returned to be presented to the appropriate Court if the petitioner so desires. Immediately, on the plaint being returned, on 30.5.1980, i.e. after 25 days of the return of the plaint, the petitioner served a demand notice on the respondents under the Act. The reference was duly made.

(2.) ON the pleadings of the parties, the following issues were framed: -

(3.) I have heard the learned counsel for the parties and perused the record of the case.