Labour Courts/Tribunals vis-a-vis Jurisdiction of Civil Courts
By
H. L. Kumar
The civil courts in India exercise jurisdiction by trying suits of civil nature excepting suits of which their cognizance is either expressly or impliedly barred S. 9 of Code of Civil Procedure inter alia reads as follows:—
"9. The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred."
Thus, civil courts entertain suits where the petitioner asserts the violation of his legal right recognized by the common law or under the statute. Under the Indian Contract Act, 1872 the individual contracts came to be recognised and that situation, even after more than 100 years, still prevails. The Industrial Disputes Act, 1947 for the first time recognised the right of contracting parties to enter into collective bargaining agreements. It has provided the coercive machinery and penalties for the violation of such rights created ....