both petitions These Civil Revision Petitions are filed under Article 227 of Constitution of India, against the order dated 6.11.2008 made in UN.O.S.S.R.No.13332 and 13333 of 2008 on the file of Court of District Munsif, Alandur.
Inspite of service of notice, there is no representation on behalf of the respondent. Heard the learned counsel appearing for the revision petitioner in both revisions.
2. The grievance of the learned counsel for the revision petitioner is that the learned District Munsif, Alandur under erroneous impression that the suit filed by the plaintiff, challenging the order of transfer by the defendant, will come under
Section 2 A of the Industrial Disputes Act and the remedy open to the plaintiff is to approach the Industrial Tribunal and not a Civil Court has rejected his plaints.
3. The learned counsel appearing for the revision petitioner relying on a decision reported in Rajasthan State Road Transport Corporation -v- Krishna Kant(1995(5) Supreme Court Cases,75) would contend that an order of transfer will not come under the definition of
Section 2 A of the Industrial Disputes Act since the plaintiff has not challenged any order of discharge, dismissal, retrenchment or termination otherwise of services of workman,but he had challenged only his transfer, the appropriate forum to decide the same is only a Civil Court. The exact observation relied on in the said ratio by the learned counsel for the revision petitioner runs as follows:
"
Section 2A, however, covers only cases of discharge, dismissal, retrenchment or termination otherwise of services of an individual workman and not other matters, which means that to give an example- if a workman is reduced in rank pursuant to a domestic enquiry, the dispute raised by him does not become an industrial dispute within the meaning of Section 2A(However, if the Union or body of workmen espouses his cause, it does become an industrial dispute). We have given only one instance; there may be many disputes which would not fall within
Section 2(k) or
Section 2A. It is obvious that in all such cases, the remedy is only in a Civil Court or by way of arbitration according to law, if the parties so choose."
Under such circumstances, the order of the learned trial judge in UN.O.S.S.R.Nos.13332 and 13333 of 2008 on the file of the Court of District Munsif, Alandur requires interference from this Court.
4. In fine, these civil revision petitions are allowed and the order passed by the learned District Munsif, Alandur in UN O.S.S.R.Nos.13332 and 13333 of 2008 is hereby set aside. The learned District Munsif, Alandur is directed to number those plaints, if otherwise in order, and to dispose of the same in accordance with law preferably within three months from the date of receipt of a copy of this Order. No costs. Consequently, connected M.P.Nos 1 + 1 of 2008 are closed.
sg To The District Munsif, Alandur