Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code Of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Reference Answered |
Headnote | Code Of Civil Procedure, 1908:s. 9 - Jurisdiction of civil court to entertain suits questioning orders passed by Rajasthan State Road Transport Corporation terminating services of its employees - Held: Corporation is 'State' within the meaning of Article 12 of the Constitution - If an act on its part is violative of the constitutional provisions or mandatory requirements of a statute or statutory rules, or in gross violation of principles of natural justie civil court will have the necessary jurisdiction to try a suit - But, if the employee claims his right and corresponding obligations only in terms of the provisions of the Industrial Disputes Act or the sister laws, civil court will have none - Road Transport E Corporations Act, 1950 - s. 45 - Rajasthan State Road Transport Corporation Employees Service Regulations, 1965 - In:- dustrial Disputes Act, 1947 - s. 2 (s) - Industrial Employment (Standing Orders) Act, 1946 - Rajasthan State Road Transport Workers and Workshop Employees Sanding Orders, 1965 F - Constitution of lndida, 1950 -Article 14 - Natural justice. In the instant matters a Division Bench of the Court made the reference for resolution of a purported conflict in two three-Judge Bench judgments in the cases of Rajasthan State Road Transport Corporation and Another vs. Krishna Kant and others 1 and Rajasthan SRTC and 1 others vs. Khadarmal. The issue for consideration before the Court was as to the jurisdiction of the civil court to entertain suits questioning orders of termination passed by appellant-Rajasthan State Road Transport Corporation against its employees. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 14 |
Petitioner | Rajasthan State Road Transport Corporation --i & Anr. |
Respondent | Bal Mukund Bairwa |
SCR | [2009] 2 S.C.R. 161 |
Judgement Date | 2009-02-12 |
Case Number | 328 |
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