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january 2020

Supreme Court of India · 2020-01-16

RAJASTHAN STATE ROAD TRANSPORT CORP . MANAGING DIRECTOR vs RAMESH KUMAR SHARMA ETC.

Citation / case number
SC 2008/18716
Court
Supreme Court of India
Petitioner
RAJASTHAN STATE ROAD TRANSPORT CORP . MANAGING DIRECTOR
Respondent
RAMESH KUMAR SHARMA ETC.
Author
K.M. JOSEPH SANJAY KISHAN KAUL
Bench
HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

Judgment text excerpt

The Supreme Court examined the jurisdiction of civil courts in relation to industrial disputes under the Industrial Disputes Act, 1947. It held that civil courts do not have jurisdiction to adjudicate industrial disputes if they arise solely from rights or obligations created under the Act, as per the principles established in Premier Automobiles Ltd. v. Kamlekar Shantaram Wadke, 1976 (1) SCC 496. The Court affirmed that parties must choose between remedies under the Act or civil law, but cannot pursue both simultaneously.

RAJASTHAN STATE ROAD TRANSPORT CORP . MANAGING DIRECTOR vs RAMESH KUMAR SHARMA ETC. · Niyam