Supreme Court in Tulshi Choudhary vs. M/S. Steel Authority of India Limited (SAIL) and Ors. SLP (C) No. 8443/2018, while deciding the jurisdiction of civil court in employment matters observed that if the dispute is an industrial dispute arising out of a right or liability under the general or common law and not under the ID Act, the jurisdiction of the civil court is alternative, leaving it to the election of the suitor concerned to choose his remedy for the relief which is competent to be granted in a particular remedy, however, if the industrial dispute relates to the enforcement of a right or an obligation created under the ID Act, then the only remedy available to the suitor is to get an adjudication under the ID Act. In the instant case the issue involved relates only to the correction of the date of birth of an employee in employment records and therefore jurisdiction of the civil court cannot be said to be ousted, as this is not a case relating to enforcement of a right or an obligation under the ID Act.
Also read: Independent consultant is not workman under ID Act: Gujarat High Court
Stay connected with us on social media platform for instant update click here to join our LinkedIn, Twitter & Facebook
Add comment