Holding

The civil courts' jurisdiction is impliedly barred; the dispute is an industrial dispute that must be decided by a forum constituted under the Industrial Disputes Act.

Summary

Workmen of the Ahmedabad Municipal Corporation were dismissed and filed a civil suit in the City Civil Court challenging the termination. The civil court dismissed the suit for lack of jurisdiction, and the Gujarat High Court affirmed that the dispute falls within the ambit of the Industrial Disputes Act, making civil court jurisdiction impliedly barred under Section 9 of the CPC. On appeal, the Supreme Court examined whether the termination dispute constituted an industrial dispute under Sections 2(k) and 2-A of the Industrial Disputes Act and whether the relief sought could only be obtained before an industrial tribunal. Relying on the principles laid down in Rajasthan State Road Transport Corp. v. Krishna Kant and Premier Automobiles Ltd. v. Wadke, the Court held that the dispute involved enforcement of rights created by the Industrial Employment (Standing Orders) Act, a sister enactment, and therefore must be adjudicated by a forum created under the Industrial Disputes Act. Consequently, the Court dismissed the appeals, directing the workmen to approach the appropriate industrial forum.

Issues considered

The suit challenging dismissal of workmen is maintainable in a civil court or barred under Section 9 CPC.
Whether the dispute constitutes an industrial dispute within the meaning of Sections 2(k) and 2-A of the Industrial Disputes Act.
Whether the relief sought can be granted only by an industrial tribunal, thereby ousting civil court jurisdiction.

Legislation cited

Code of Civil Procedure, 1908s. 9
Industrial Disputes Act, 1947s. 17, s. 2-A, s. 2(k)
Industrial Employment (Standing Orders) Act, 1946

Subjects

industrial disputejurisdictionCivil CourtsIndustrial Disputes ActStanding Orderstermination of serviceimplied ousterSection 9 CPC

Judgment

CHANDRAKANT TUKARAM NIKAM AND ORS. A
v.
MUNICIPAL CORPORATION OF AHMEDABAD AND ANR.

FEBRUARY 6, 2002

[G.B.PATTANAIK,R.P.SETHIAND B
BISHESHWAR PRASAD SINGH, JJ.] •

Labour Laws:
•
Industrial Disputes Act, 1947: c
Sections 2(k) and 2-A-lndustrial Disputes-Termination of service-
Jurisdiction of civil courts to entertain-Held: The power of Industrial Courts
is wide and such forums are empowered to grant adequate relief-Hence,
jurisdiction of civil courts is impliedly barred-The appropriate forum for
resolution of industrial disputes is the forum constituted under the ID Act- D
Code of Civil Procedure, 1908, S.9.

The appellants-workmen filed a civil suit in the City Civil Court
challenging the orders of their dismissal/removal from service by the
respondent-Corporation. The City Civil Court dismissed the suit for want of
jurisdiction. The High Court held that the competence of the authority that E
passed the dismissal/removal orders could be gone into by the Labour Court
or the Industrial Tribunal and, therefore, Civil Court's jurisdiction to
entertain the suit was impliedly barred under Section 9 of the Code of Civil
Procedure, 1908. Hence this appeal.

Dismissing the appeals, the Court F

HELD: I. The Industrial Disputes Act, 1947 was enacted by the
Parliament to provide speedy, inexpensive and effective forum for resolution
of disputes arising between the workmen and the employers, the underlying
idea being to ensure that the workmen do not get caught in the labyrinth of G
civil courts which the workmen can ill afford. (870-EJ
Rajasthan State Road Transport Corporation v. Krishna Kant, (19951
5 sec 75, relied on.
2. The procedure followed by Civil Courts is too lengthy and
861 H
862 SUPREME COURT REPORTS [2002] I S.C.R.

A consequently, is not an efficacious forum for resolving Industrial Disputes
speedily. The power of Industrial Courts also is wide and such forums are
empowered to grant adequate relief as they think just and appropriate. It is in
the interest of the workmen that their disputes, including the dispute of illegal
termination, are adjudicated upon by an industrial forum. The legality of order
B of termination passed by the employer will be an industrial dispute within the
meaning of Section 2(k) and under Section 17 of the Industrial Disputes Act.
Every award of Labour Court, Industrial Tribunal or National Tribunal is
required to be published by the appropriate Government within a period of
thirty days from the date of its receipt and such award published under Section
17(1) is held to be final. In such cases the jurisdiction of the Civil Court must
C be held to have been impliedly barred and the appropriate forum for resolution
•
of such dispute is the forum constituted under the Industrial Disputes Act.
[870-F-H)

Premier Automobiles Ltd, v. Kamlekar Shantaram Wadke, (1976) 1 SCC
496, relied on.
D
Dhulabhai v. State of MP., (1968) 3 SCR 662, referred to.
Sirsi Municipality v. Cecelia Korn Francis Tellis, (1973] l SCC 409 and ~
Ram Kumar v. State of Haryana, (1987) Supp. SCC 582, held inapplicable.

E CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 4849-4854 of
1992.

From the Judgment and Order dated 17.6.92 of the Gujarat High Court
in L.P.A. Nos. 24-29of1991.

Huzefa Ahmadi and Ms. Meenakshi Arora for the Appellants.
F
Mahendra Anand, H.S. Parihar, Kuldeep S. Parihar and Ms. Vibha M.
Anand for [he Respondents.

The Judgment of the Court was delivered by

G PATT ANAIK, J. These appeals are directed against the judgment of the
Division Bench of Gujarat High Court in Letters Patent Appeals filed against
a common judgment of a learned Single Judge dated 22nd September, 1990.
The workmen of Ahmedabad Municipal Corporation challenged the orders of
dismissal/removal from service, by filing a Civil Suit. The City Civil Court
framed four issu.:s, one of which is whether the suit is bad for want of
H jurisdiction. On the said issue it came to the conclusion that the Civil Court
CHANDRAKANT TUKARAM NIKAM • MUNICIPAL CORPN OF AHMEDABAD [PATTANAIK, J.] 863
had no jurisdiction to entertain and try the suit, accordingly the suit was A
dismissed. Identical suits filed by different employees against the order of
termination having been dismissed by the City Civil Court, individual appeals
had been preferred and all those appeals, six in number, stood disposed of
by a common judgment of the learned Single Judge of Gujarat High Court. The
Single Judge came to the conclusion that the Civil Court will have the jurisdiction
to go into the question, as to whether the orders of termination of services B
were null and void, having been passed by an authority who had no
competence to pass the same, but it had no jurisdiction to examine the alleged
lacuna in the procedural part of disciplinary inquiry which is governed by
Standing orders and the jurisdiction of the Civil Court to enter into such
question must be held to be impliedly barred. With this conclusion the learned C
Single Judge having set aside the judgment of the City Civil Court and having
remitted the matter for adjudication, as to whether the order of termination
could be interfered with on the ground of want of competence on the part
of the authority, who had passed the order, the plaintiff/workman assailed the
same by filing Letters Patent Appeal contending inter alia that the City Civil
Court will have no jurisdiction to go into the procedural irregularities because D
the provisions of Industrial Disputes Act and implied ouster of jurisdiction
of Civil Court is not correct. Ahmedabad Municipal Corporation filed cross-
objection in the Letters Patent Appeals challenging that part of the judgment
and decree of the learned Single Judge whereunder the Single Judge had
quashed the decree of the City Civil Court and remanded the matter to City E
Civil Court for deciding as to whether declaration prayed for by each of the
workman can be granted on the ground of want of competence on the part
of the authority who had passed the order of dismissal/removal. All these
Letters Patent Appeals as well as the corss-objections were disposed of by
a common judgment, which is the subject matter of consideration in these
appeals. The Division Bench of the High Court was of the opinion that the F
City Civil Court was right in holding that it has no jurisdiction to hear the
suits instituted by the employees/plaintiffs and the learned Single Judge was
not right in holding that the question of competence of the authority, who
had passed order of dismissal or who had passed the order to initiate
disciplinary proceedings could be decided by the Civil Court. According to G
the Division Bench even that question about the competence of the authority
who passed the order can be gone into by the Labour Court or Industrial
Tribunal, and therefore, Civil Court's jurisdiction to entertain a suit has to be
held to have been impliedly barred. The Letters Patent Appeals having been
dismissed and cross-objections filed by the Corporation having been allowed,
the present appeals have been preferred. When these appeals were listed H
864 SUPREME COURT REPORTS [2002] I S.C.R.

A before a bench of this Court, by order dated 13th October, 1993, Bench
referred the cases to a Constitution Bench of 5 Hon'ble Judges. When the
appeals were listed before a Constitution Bench it was represented by the
counsel that the matter has been resolved by a judgment of this Court in
Rajasthan State Road Transport Corporation and Anr. v. Krishna Kant and
B Ors., (1995] 5 sec 75, and therefore, the Constitution Bench thought it fit to
direct that the Civil Appeals should be placed before a Bench of three learned
Judges, and that is why these appeals came before us.

Mr. Ahmadi, learned counsel appearing for the appellants contended,
that under Section 9 of the Code of Civil Procedure the Civil Courts have the
C jurisdiction to try all suits of civil nature excepting suits of which their •
cognizance is either expressly or impliedly barred. In view of language of
Section 9, the counsel urged that there should be presumption in favour of
the jurisdiction of a Civil Court and exclusion of the jurisdiction should not
be readily inferred unless such exclusion is either explicitly expressed or
clearly implied. According to Mr. Ahmadi, a law ousting the jurisdiction of a
D Civil Court should be strictly construed and the onus lies on the party who
seeks to oust the jurisdiction of the Civil Court, to establish the same.
According to the learned counsel a litigant having a grievance of a civil
nature has, indepen<lently of any statute, a right to institute a suit in a Civil
Court and that right cannot be taken away unless the same is either expressly
E barred or impliedly inferred. According to the learned counsel the suits filed
in the case in hand and the relief sought for, being civil in nature the
jurisdiction of the Civil Court ought not to be held to be impliedly barred
merely because the Industrial Tribunal or Labour Court can entertain the
dispute and grant the relief in question. It is also urged that the Industrial
Disputes Act does not contain any provision barring the jurisdiction of a Civil
F Court. That being the position, the High Court committed error in holding that
the jurisdiction of the Civil Court must be impliedly held to have been barred.
According to Mr. Ahmadi, if the right claimed is not purely a creature of the
Industrial Disputes Act, but is a common law right and the Industrial Disputes
Act entrusts to a special Tribunal for adjudication of such right and at the
same time does not expressly oust the jurisdiction of the Civil Court, the
G intention of the legislature must be held to be that the jurisdiction of the Civil
Court is not barred and in such a case it would be open to the party
concerned to elect one of the forum for the remedies, which he is seeking for.
The learned counsel for the respondent Mr. Anand, on the other hand
contended, that the Parliament having enacted the provisions of Industrial
H Disputes Act for speedy, inexpensive and efficacious remedies in relation to
)
CHAN:>RAKANT TCKARAM NIKAM' MUNICIPAL CORPN OF AHMEDABAD [PATTANAIK, J.] 865

a dispute between the employer and the employee, it must be held that the A
jurisdiction of the Civil Court is barred if the relief sought for could be
. properly given by a forum under the Industrial Law. According to Mr. Anand
the very purpose of the enactment would be frustrated if it is held that the
Civil Court still retains the jurisdiction over a dispute which could be otherwise
adjudicated upon by a forum under the Industrial Disputes Act.
B
In view of the rival submissions at the bar, the question that arises for
consideration is whether the relief sought for by the plaintiffs in these suits
can come within the ambit of an industrial dispute under the Industrial
Disputes Act, and if the answer is in affirmative then whether the conclusion
of the High Court that the jurisdiction of the Civil Court is barred is correct C
or not?

One of the leading authorities on the point is the case of Dhulabhai
and Ors. v. The State of Madhya Pradesh and Anr. (1968] 3 SCR 662. A
Constitution Bench of this C(lurt after examining the diverse views expressed
in several earlier decisions came to hold that an exclusion of jurisdiction of D
Civil Court is not readily to be inferred unless the statute gives a finality to
• the orders of the special Tribunals and the Tribunals would be entitled to
confer adequate remedy what the Civil Courts would normally do in a suit and
only in such circumstance the Civil Courts' jurisdiction can be inferred to be
excluded, but the Court hasten to add that even in such cases also the Civil E
Courts' jurisdiction cannot be said to be excluded, if it is alleged that the
provisions of particular Act had not been complied with or that the statutory
Tribunal have not acted in conformity with the fundamental principles of
judicial procedure. Mr. Ahmadi, no doubt placed reliance on the decisions of
this Court in Sirsi Municipality by its President, Si1 v. Cecelia Korn Francis
Tellis, [1973) l sec 409 and Ram Kumar V. State ofHaryana - [1987](Supp.) F
sec 582, but in both these aforesaid cases the question of implied ouster of
the jurisdiction of Civil Court where an Industrial Court can grant relief sought
for was not the subject matter for consideration. The consideration in both
the cases was whether the dismissal of a workman being assailed, can the
Civil Court entertain and try the .;uit and the answer was in affirmative. G
Nobody disputes with the aforesaid proposition. The point in issue in the
case in hand was not before this Court in the aforesaid two cases. In the case
of The Premier Automobiles Ltd. etc. v. Kamlekar Shantaram Wadke of
Bombay and Ors. etc. etc., [1976] 1 SCC 496 the question of ouster of
jurisdiction of the Civil Court in relation to a labour dispute came up for
consideration directly. The Court held in the aforesaid case that if a statute H
866 SUPREME COURT REPORTS [2002] I S.C.R.

A confers a right and in the same breath provides for a remedy for enforcement
of such right the remedy provided by the statute is an exclusive one. It further
held that under Section 9 of the Code, the Courts have subject to certain
restrictions, jurisdiction to try suits of civil nature excepting suits of which
their cognizance is either expressly or impliedly barred. The Court examined
the provisions of the Industrial Disputes Act and came to the conclusion that
B the Act envisages collective bargaining, contracts between union representing
the workmen and the management and such a matter was held to be outside
the realm of the common law or Indian Law of Contract. The Court also held
that the powers of the authorities deciding industrial disputes under the
Industrial Disputes Act are very extensive, much wider than the powers of
C a civil court while adjudicating a dispute which may be an industrial dispute.
But under the provisions of the Industrial Disputes Act since the workman
cannot approach the labour court or tribunal directly and the government can
refuse to make a reference even on grounds of expediency, such handicap
would lead to the conclusion that for adjudication of an industrial dispute in
connection with a right or obligation under the general or common law and
D noc created under the Act, ti1e remedy is not exclusive, and on the other hand
is alternative, and therefore, the Civil Court will have no jurisdiction to try and
•
adjudicate upon an industrial dispute if it concerned enforcement of certain
right or liability created only under the Act and not otherwise. In other words
it was held that if the dispute is not an industrial dispute, nor does it relate
E to enforcement of any other right under the Act, the remedy lies only in the
Civil Court. But if the dispute is an industrial dispute arising out of the right
or liability under the general or common law and not under the Act, the
jurisdiction of the Civil Court is alternative, leaving it to the election of suitor
concerned to choose his remedy for the relief which is competent to be
granted in a particular remedy. It was also held that if the industrial dispute
F relates to the enforcement of a right or an obligation created under the Act,
then the only remedy availab1e to the suitor is to get an adjudication under
the Act. Mr. Ahmadi, learned counsel appearing for the appellants strongly
relied upon the aforesaid observations for his contention that the dispute in
the case in hand cannot be held to be dispute arising out of a right or liability
G under the Act, and on the other hand, is a dispute arising out of a right or
liability under the common law, and as such, the jurisdiction of the Civil Court
could not have been held to have been barred. This decision of the Court was
considered by this Court in Rajasthan State Road Transport Corporation &
Anr. v. Krishna Kant and Ors. [1995] 5 SCC 75. After quoting the principles
enunciated by the Court in The Premier Automobiles' case (supra) and on
H consideration of a !arge number of decisions, it was held :-
)
CHANDRAKANT TUKARAM NIKAM • MUNICIPAL CORPN OF AHMEDABAD [PATTANAIK, l] 867

"Para 28. Now, coming back to Principle i'1o.2 and its qualification in A
para 24, we must say that para 24 must be read harmoniously with the
. said principle and not in derogation of it- not so as to nullify it

r altogether. Indeed, Principle No.2 is a reiteration of the principle affirmed
in several decisions on the subject including Dhulabhai. Principle
No.2 is clear whereas para 24 is more in the nature of a statement of
fact. It says that most of the industrial disputes will be disputes B
involving the rights and obligations created by the Act. It, therefore,
says that there will hardly be any industrial dispute which will fall
under Principle No.2 and that almost all of them will fall under Principle
No. 3. This statement cannot be understood as saying that no industrial
dispute can ever be entertained by or adjudicated upon by the civil c
courts. Such an understanding would not only make the statement of
law in Principle No.2 wholly meaningless but would also run counter
to the well-established principles on the subject. It must accordingly
be held that the effect of Principle No.2 is in no manner whittled down
~ by para 24. At the same time, we must emphasise the policy of law
underlying the Industrial Disputes Act and the host of enactments D
concerning the workmen made by Parliament and State Legislatures.
The whole idea has been to provide a speedy, inexpensive and effective
forum for resolution of disputes arising between workmen and their
employers. The idea has been to ensure that the workmen do not get
caught in the labyrinth of civil courts with their layers upon layers of E
appeals and revisions and the elaborate procedural laws, which the
workmen can ill afford. The procedures followed by civil courts, it was
thought, would not facilitate a prompt and effective disposal of these
disputes. As against this, the courts and tribunals created by the
i
Industrial Disputes Act are not shackled by these procedural laws nor
~ is their award subject to any appeals or revisions. Because of their F
informality, the workmen and their representatives can themselves
prosecute or defend their cases. These forums are empowered to grant
such relief as they think just and appropriate. They can even substitute
the punishment in many cases. They can make and re-make the
contracts, settlements, wage structures and what not . Their awards
G
are no doubt amenable to jurisdiction of the High Court under Article
226 as also to the jurisdiction of this Court under Article constraints.
It is, therefore, always in the interest of the workmen that disputes
concerning them are adjudicated in the forums created by the Act and
not in a civil court. That is the entire policy underlying the vast array
of enactments concerning workmen. This legislative policy and H
868 SUPREME COURT REPORTS [2002) I S.C.R.

A intendment should necessarily weigh with the courts in interpreting
these enactments and the disputes arising under them.

Para 29. Now let us examine the facts of the appeals before us in the
light of the principles adumbrated Premier Automobiles. The first
thing to be noticed is the basis upon which the plaintiffs-respondents
B have claimed the several reliefs in the suit. The basis is the violation
of the certified Standing Orders in force in the appellant-establishment.
The basis is not the violation of any terms of contract of service
entered into between the parties governed by the law of contract. At
the same time, it must be said, no right or obligation created by the
c Industrial Disputes Act is sought to be enforced in the suit. Yet
another circumstances is that the Standing Orders Act does not itself
provide any forum for the enforcement of rights and liabilities created
by the Standing Orders. The question that arises is whether such a
suit falls under Principle No. 3 of Premier Automobiles or under
Principle No. 2? We are of the opinion that it falls under Principle No.
D 3. The words "under the Act" in Principle No. 3 must, in our considered
opinion, be understood as referring not only to Industrial Disputes .,
Act but also to all sister enactments-[like Industrial Empi'Qyment
(Standing Orders) Act] which do not provide a special forum of their
own for enforcement of the rights and liabilities created by them. Thus
a dispute involving the enforcement of the rights and liabilities created
E
by the certified Standing Orders has necessarily got to be adjudicated
only in the forums created by the Industrial Disputes Act provided,
of course, that such a dispute amounts to aii industrial dispute within
the meaning of Section 2(k) and 2-A of Industrial Dispsutes Act or
such enactment says that such dispute shall be either treated as an
F industrial dispute or shall be adjudicated by any of the forums created
by the Industrial Disputes Act. The civil courts have no jurisdiction
to entertain such suits. In other words, a dispute arising between the
employer and the workman/workmen under, or for the enforcement of
the Industrial Employment Standing Orders is an industrial dispute, if
it satisfies the requirements of Section 2(k) and/or Section 2-A of the
G
Industrial Disputes Act and m.ust be adjudicated in the forums created
by the Industrial Disputes Act alone. This would be so, even if the
dispute raised or relief claimed is based partly upon certified Standing
Orders and partly on general law of contract."

H The Three Judge Bench in Rajasthan State Road Transport Corporation
)
CHANDRAKANT TUKARAM NIKAM '· MUNICIPAL CORPN OF AHMEDABAD [PA TT ANAIK, J J 869

(supra) summarised the principles as below:- A
"(I) Where the dispute arises from general law of contract, i.e., where
, reliefs are claimed on the basis of the general law of contract, a suit
filed in civil court cannot be said to be not maintainable, even though
such a dispute may also constitute an "industrial dispute" within the
meaning of Section 2(k) or Section 2-A of the Industrial Disputes Act, B
1947.

(2) Where, however, the dispute involves recognition, observance
or enforcement of any flf the rights or obligations created by the
Industrial Disputes Act, the only remedy is to approach the forums
created by the said Act. C
(3) Similarly, where the dispute involves the recognition,
observance or enforcement of rights and obligations created by
enactments like Industrial Employment (Standing Orders) Act, 1946-
which can be called "sister enactments" to Industrial Disputes Act-
and which do not provide a forum for resolution of such disputes, the D
only remedy shall be to approach the forums created by the Industrial
Disputes Act provided they constitute industrial disputes within the
meaning of Section 2(k) and Section 2-A of Industrial Disputes Act
or where such enactment says that such dispute shall be either treated
as an industrial dispute or says that it shall be adjudicated by any of E
the forums created by the Industrial Disputes Act. Otherwise, recourse
to civil court is open.

(4) It is not correct to say that the remedies provided by the
Industrial Disputes Act are not equally effective for the reason that
access to the forum depends upon a reference being made by the F
appropriate Government. The power to make a reference conferred
upon the Government is to be exercised to effectuate the object of the
enactment and hence not unguided. The rule is to make a reference
unless, of course, the dispute raised is a totally frivolous one ex facie.
The power conferred is the power to refer and not the power to
decide, though it may be that the Government is entitled to examine G
whether the dispute is exfacie frivolous, not meriting an adjudication.

(5) Consistent with the policy of law aforesaid, we commend to
Parliament and the State Legislatures to make a provision enabling a
workman to approach the Labour Court/Industrial Tribunal directly-
i.e., without the requirement of a reference by the Government-in H
870 SUPREME COURT REPORTS [2002] I S.C.R.

A case of industrial disputes covered by Section 2-A of the Industrial
Disputes Act. This would go a long way in removing the misgivings
with respect to the effectiveness of the remedies provided by the
Industrial Disputes Act.

(6) The certified Standing Orders framed under and in accordance
B with the Industrial Employment (Standing Orders) Act, 1946 are
statutorily imposed conditions of service and are binding both upon
the employers and employees, though they do not amount to "statutory
provisions''. Any violation of these Standing Orders entitles an
employee to appropriate relief either before the forums created by the
Industrial Disputes Act or the civil court where recourse to civil court
.
c is open according to the principles indicated herein.

(7) The policy of law emerging from Industrial Disputes Act and
its sister enactments is to provide an alternative dispute-resolution
mechanism to the workmen, a mechanism which is speedy, inexpensive,
informal and unencumbered by the plethora of procedural laws and
D
appeals upon appeals and revisions applicable to civil courts. Indeed,
the powers of the courts and tribunals under the Industrial Disputes
Act are far more extensive in the sense that they can grant such relief
as they think appropriate in the circumstances for putting an end to
an industrial dispute."
E
It may be borne in mind that the Industrial Disputes Act was enacted by the
Parliament to provide speedy, inexpensive and effective forum for resolution
of disputes arising between workmen and the employers, the underlying idea
being to ensure that the workmen does not get caught in the labyrinth of civil
courts which the workmen can ill afford, as has been stated by this Court in •
F Rajasthan State Road Transport Corpn. case (supra). It cannot be disputed
that the procedure followed by Civil Courts are too lengthy and consequently,
is not an efficacious forum for resolving Industrial Disputes speedily. The
power of Industrial Courts also is wide and such forums are empowered to
grant adequate relief as they think just and appropriate. It is in the interest
G of the workmen. that their disputes, including the dispute of illegal termination
are adjudicated upon by an industrial forum. To our query Mr. Ahmadi,
learned counsel appearing for the appellants was not in a position to tell that
the relief sought for in the cases in hand, cannot be given by a forum under
the Industrial Disputes Act. The legality of order of termination passed by
the employer will be an industrial dispute within the meaning of Section 2(k)
H and under Section 17 of the Industrial Disputes Act, every Award of Labour
CHANDRAKANT TU KARAM NIKAM ' MUNICIPAL CORPN OF AHMEDABAD [PATT ANAIK, J ] 87 J

Court, Industrial Tribunal or National Tribunal is required to be published by A
the appropriate government within a period of thirty days from the date of
.. its receipt and such Award published under sub-section (I) of Section 17 is
he Id to be final.

In the aforesaid premises and having regard to the relief sought for in
the suits filed in the Civil Court, we have no manner of hesitation to come B
to the conclusion that in such cases the jurisdiction of the Civil Court must
be held to have been impliedly barred and the appropriate forum for resolution
of such dispute is the forum constituted under the Industrial Disputes Act.
We, therefore, do not find any infirmity with the impugned judgment of the
High Court requiring our interference. The appeals accordingly fail and are C
dismissed. We would however observe that it would be open for the appellants-
workmen to approach the appropriate industrial forum and such forum if
approached, will dispose of the matter on its own merits. There will be no
order as to costs.

v.s.s. Appeals dismissed. D