VidhiSangh

Supreme Court of India · 08/10/2021

MILKHI RAM versus HIMACHAL PRADESH STATE ELECTRICITY BOARD

[2021] 6 S.C.R. 1131 · 2021 INSC 638

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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

  1. Whether a civil decree founded on rights under the Industrial Disputes Act was enforceable despite the civil court’s lack of jurisdiction.
  2. Whether amounts already paid under the decree should be recovered.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2021] 6 S.C.R. 1131.