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Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): Satya Brata Sinha, V. S. Sirpurkar , JJ

(A) Civil P.C. (5 of 1908) , S.9— Bar to jurisdiction of civil Court - Plaintiff employed on work charged basis till completion of project - Termination of services - Suit for declaration that orders of termination were null and void etc. - Claim by employer that termination simpliciter was effected in light of Rules under Certified Standing Orders - Plaintiffs on other hand alleging that principles under provisions of Certified Standing Orders were completely ignored and highly arbitrary approach was adopted by employer by picking and choosing plaintiffs for purpose of termination - Dispute fell under premise of Industrial Disputes Act - Civil Court's jurisdiction barred - Suit liable to be dismissed. Industrial Disputes Act (14 of 1947) , S.11A— Regular Second Appeal No. 2286 of 1991, D/- 27-4-2005 (P and H), Reversed. (Para 14 15) (B) Constitution of India , Art.133— Objection to jurisdiction - Decree itself held to be without jurisdiction and hit by doctrine of 'coram non judice' - Decree cannot be upheld on ground that objection to jurisdiction was not taken at initial first appellate or second appellate stage. (Para 19) .....