AIR 1975 SUPREME COURT 2238 ::1975 Lab IC 1651 ::AIROnline 1975 SC 7 ::32 FacLR 195 ::31 Fac L R 195 ::1976 (1) SCC 496 ::48 FJR 252 ::1976 (32) Fac LR 195 ::1976 (1) SCR 427 ::ILR 1976 Kant 18 ::1975 (48) FJR 252 ::1978 (1) SCC 498 ::1975 (2) Lab LJ 445

Supreme Court Of India

(From: (1) (1974) 76 Bom LR 47; (2) ILR (1973) Bom 867)

Hon'ble Judge(s): A. Alagiriswami, P. K. Goswami, N. L. Untwalia , JJJ

Civil P.C. (5 of 1908) , S.9— Jurisdiction of Civil Court in relation to industrial disputes - Principles - Applicability. 1970 Lab IC 708 .(Cal), OverruledILR (1473) Bom 867 and (1974) 76 Bom LR 47, Reversed. Industrial Disputes Act (14 of 1947) , S.2(k), S.2(p), S.10, S.19(2), S.33C— The principles applicable to the jurisdiction of the Civil Court in relation @page-SC2239 to an industrial dispute may be stated thus; (1) If the dispute is not an industrial dispute, nor does it relate to enforcement of any other right under the Act the remedy lies only in the Civil Court. (2) If the dispute is an industrial dispute arising out of a right or liability under the general common law and not under the Act, the jurisdiction of the civil Court is alternative, leaving it to the election of the suitor concerned to choose his remedy for the relief which is competent to be granted in a particular remedy. (3) If the industrial dispute relates to the enforcement of a right or an obligation created under the Act, then the only remedy available to the suitor is to get an adjudication under the Act. (4) If the right which is sought to be enforced is a right created under the Act such as Chapter VA then the remedy for its enforcement is either Section 33C or the raising o....