Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Laws – Territorial jurisdiction of Labour Court – Retrenchment / termination of appellant-workman |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Labour Laws – Territorial jurisdiction of Labour Court – Retrenchment / termination of appellant-workman – The workman was employed as a driver at Ghaziabad office – He was working at Ghaziabad – His services were retrenched at Ghaziabad – All throughout during the employment, the workman stayed and worked at Ghaziabad – After retrenchment/termination, the workman shifted to Delhi from where he served a demand notice at Head Office of the Management situated at Delhi – Whether the Labour Court at Delhi had jurisdiction to try the complaint/case of appellantworkman – Held: Merely because appellant-workman after termination/ retrenchment shifted to Delhi and sent a demand notice from Delhi and the Head Office of the Management was at Delhi, it cannot be said that a part cause of action had arisen at Delhi – Considering the facts that the workman was employed at Ghaziabad; was working at Ghaziabad and his services were terminated at Ghaziabad, the facts being undisputed, only the Ghaziabad Labour Court would have territorial jurisdiction to decide the case. Labour Laws – Issue touching territorial jurisdiction of the Labour court – Procedure and manner of adjudication – Held: When the issue touches the question of territorial jurisdiction, as far as possible the same shall have to be decided first as preliminary issue – In the present case, the Labour Court did not commit any error in deciding the issue with respect to the territorial jurisdiction as a preliminary issue in the first instance. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 434 |
Petitioner | V G Jagdishan |
Respondent | M/s. Indofos Industries Limited |
SCR | [2022] 3 S.C.R. 61 |
Judgement Date | 2022-04-19 |
Case Number | 2976 |
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