Summary
The Supreme Court declined to reject workmen’s civil suit challenging fines as breaches of non-statutory standing-order obligations. The governing precedents preserved civil jurisdiction for general contractual claims, while claims enforcing rights created by industrial legislation followed its designated forums. This fine dispute was not a Section 2A termination dispute. After prolonged delay despite no stay, the civil court was directed to proceed promptly and endeavour to decide within six months.
Issues
- Whether the workmen’s civil suit over management-imposed fines had to be rejected in favour of Industrial Disputes Act remedies.
Held
- Premier Automobiles and Krishna Kant preserve civil-court recourse for relief founded on general contract law even where an industrial dispute may also arise; enforcement of rights created by industrial legislation is governed by the designated statutory framework. (¶¶ 6, 7, 8, 9)
- These workmen challenged fines by alleging breach of non-statutory standing-order obligations. The dispute was not covered by Section 2A, and no ground justified interfering with refusal to reject the plaint. The merits had remained unadjudicated for years although no interim stay had been granted. (¶¶ 3, 4, 5, 10, 11)
Result
All appeals dismissed. Civil Judge directed to proceed forthwith with Civil Suit No.774/2005 and endeavour to complete trial and pronounce judgment, if not already done, within six months of receipt of the order.