Summary
The Court upheld the finding that the civil decree for reinstatement and back wages was a nullity. The employee had founded his suit on rights under the Industrial Disputes Act, whose forum had jurisdiction over that claim. Prior decisions rejecting the employer’s objection did not cure the civil court’s inherent lack of jurisdiction, which could be raised in execution. On equitable grounds, however, arrears already paid under the decree were protected from recovery.
Issues
- Whether a civil decree founded on rights under the Industrial Disputes Act was enforceable despite the civil court’s lack of jurisdiction.
- Whether amounts already paid under the decree should be recovered.
Provisions considered
- Section 9, Code of Civil Procedure, 1908The suit specifically founded on Industrial Disputes Act rights was outside civil jurisdiction; the decree was a nullity notwithstanding the earlier rejection of that objection. (¶¶ 13, 14, 15, 16)
- Sections 25B and 25F, Industrial Disputes Act, 1947The plaintiff had based reinstatement and associated relief on statutory continuous-service and retrenchment protections, rather than an independent common-law claim. (¶¶ 3, 4, 5, 13, 14, 16)
Held
- The forum depended on the source of the right asserted. A common-law claim could stand differently, but this suit was expressly structured on the Industrial Disputes Act. The civil court therefore lacked inherent jurisdiction to grant the statutory relief. (¶¶ 13, 14, 15, 16)
- The employer’s jurisdictional objection was not defeated by the earlier adverse finding or the decree reaching execution. A decree passed without inherent jurisdiction had no force of law, and the High Court correctly treated this decree as a nullity. (¶¶ 8, 9, 10, 14, 15, 16)
- Despite dismissal of the employee’s appeal, hardship justified protecting the arrear sum already paid pursuant to the decree from recovery. This did not restore or validate the decree. (¶¶ 15, 17)
Result
Appeal dismissed; finding that the civil decree was a nullity upheld. Arrears already paid not to be recovered; parties to bear their own costs.