VidhiSangh

Supreme Court of India · 14/02/2019

CEMENT WORKERS’ MANDAL versus GLOBAL CEMENTS LTD. (HMP CEMENTS LTD.) & ORS

[2019] 3 S.C.R. 357 · 2019 INSC 197

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Summary

The Gujarat High Court had territorial jurisdiction over the workers’ writ petition concerning unpaid wages and the proceeds from sale of their employer’s assets. The factory was in Porbandar, the recovery order was passed by the Labour Court at Junagadh and relief concerned wages owed to those workers. These facts constituted part of the cause of action in Gujarat despite the company’s registered office and the DRT proceedings being in Kolkata. The petition was remanded for decision on merits.

Issues

  1. Whether part of the cause of action arose in Gujarat so as to confer territorial jurisdiction on its High Court.

Provisions considered

Held

Result

Appeal allowed; Division Bench order set aside and Single Judge’s maintainability ruling restored. Petition remanded to the Single Judge for decision on merits.

Judgment PDF: Supreme Court of India, [2019] 3 S.C.R. 357.