VidhiSangh

Supreme Court of India · 19/04/2022

V G JAGDISHAN versus M/S. INDOFOS INDUSTRIES LIMITED

[2022] 3 S.C.R. 61 · 2022 INSC 434

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Summary

A driver employed, working and terminated at Ghaziabad sought to litigate in Delhi after moving there and sending a demand notice to the employer’s Delhi head office. The Court held that these later circumstances did not create part of the cause of action in Delhi. Ghaziabad alone had territorial jurisdiction on the undisputed facts. The Labour Court could decide that jurisdictional question first as a preliminary issue. The appeal was dismissed.

Issues

  1. Whether a later move and demand notice to the Delhi head office created territorial jurisdiction there.
  2. Whether territorial jurisdiction could properly be decided as a preliminary issue.

Held

Result

Appeal dismissed. The finding that the Delhi Labour Court lacked territorial jurisdiction and that the dispute belonged before the Ghaziabad court was upheld. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 61.