REGIONAL MANAGER Vs. RAM CHARAN

JUDGEMENT

(1.) This revision petition is directed against the order of the trial Court, dated November 14, 1987.

(2.) The plaintiff filed this suit for declaration to the effect that the order of termination of his service by the Bank was illegal, unjust and arbitrary. Issues were framed, one of the issues was as to the jurisdiction of the Civil Court. The defendant-Bank moved an application in which it was prayed that the said issue be tried as a preliminary issue. On this application, the plaintiff made a statement that he did not want any relief under the Industrial Disputes Act and he gives up the same. He wants his relief under the general law. In view of this statement, the Court passed the impugned order and the plaintiff was directed to produce his entire evidence at his own responsibility.

(3.) Learned counsel for the petitioner submitted that since the relief seeks (sought) in the suit is based on the violation of the provision of Industrial Disputes Act, the civil Court had no jurisdiction to try this suit. In support of his contention, he referred to Premier Automobiles v. K.S. Wadke, 1975 AIR(SC) 2238He also referred to Bank of Baroda v. Triveniprasad Jamnaprasad Mishra, 1987 3 BCR 164.