V G Jagdishan vs M/S. Indfos Industries Private Limited

CIVIL APPEAL NO. OF 2022 (@ SPECIAL LEAVE PETITION (C) NO. 12511 OF 2016)

V G Jagdishan ..Appellant (S)

Versus

M/s. Indofos Industries Limited ..Respondent (S)

JUDGMENT

M. R. Shah, J.

1. Leave granted.

2. Feeling aggrieved and dissatisfied with impugned judgment

and order dated 06.07.2015 passed by the High Court of

Delhi at New Delhi in Letters Patent Appeal No. 412/2015,

by which the High Court has dismissed the said appeal

preferred by the appellant herein – workman and it is held Signature Not Verified Digitally signed by

that the Labour Court at Delhi would have no jurisdiction DEEPAK SINGH Date: 2022.04.19 17:37:17 IST Reason:

to try the case and that the Labour Court at Ghaziabad

1 would have jurisdiction to try the complaint/case, the

workman has preferred the present appeal.

3. The dispute in the present appeal is in a very narrow

compass. The appellant herein – workman was working as

a driver at Ghaziabad. He was employed at Ghaziabad and

was also working at Ghaziabad. His services were

terminated at Ghaziabad. Subsequent to his termination,

the workman shifted to Delhi. He sent a demand notice

challenging his termination to the head office at Delhi.

Thereafter, he filed a claim before the Conciliation Officer

at Delhi. Before the Labour Court, Delhi, the Management

– respondent herein raised the objection about

maintainability of proceedings at Delhi. It was also pointed

out that the workman had already raised the same dispute

before the Deputy Labour Commissioner, Ghaziabad. The

Labour Commissioner, Delhi proceeded further with the

complaint/conciliation proceedings. The dispute was

referred to the Labour Court, Delhi. Before the Labour

Court, respondent – management raised a preliminary

objection that the Labour Court, Delhi had no territorial

2 jurisdiction since the workman was appointed at

Ghaziabad; he was working in the factory of management –

respondent herein at Ghaziabad and his services were also

retrenched at Ghaziabad. It was the case on behalf of the

workman that as the demand notice was served at Head

Office at Delhi, it can be said that the dispute has arisen

giving rise to substantial cause of action at Delhi.

Therefore, it was the case on behalf of the workman that

the Labour Court at Delhi has territorial jurisdiction to try

the case.

3.1 The Labour Court vide award dated 18.04.2006 held the

preliminary issue in favour of the management and held

that the Labour Court at Delhi has no territorial

jurisdiction to decide the case/complaint/reference. The

Labour Court held that merely because the Corporate

Office of the management was at Delhi the same will not

vest the Labour Court, Delhi with territorial jurisdiction.

The Labour Court held that as the cause of action has

arisen at Ghaziabad, the Court at Ghaziabad alone had the

jurisdiction to try the case.

3 3.2 Feeling aggrieved and dissatisfied with the award/order

passed by the Labour Court holding that the Labour

Court, Delhi has no territorial jurisdiction to try the case,

the workman preferred the writ petition before the learned

Single Judge of the High Court. The learned Single Judge

dismissed the said writ petition vide order dated

09.04.2015. The Letters Patent Appeal (LPA) against the

order passed by the learned Single Judge has been

dismissed by the Division Bench of the High Court by the

impugned judgment and order. Hence, the workman has

preferred the present appeal.

4. Ms. V. Mohana, learned Senior Advocate appearing on

behalf of the appellant herein – workman has vehemently

submitted that in the present case it cannot be said that

there is a total lack of jurisdiction in the Labour Court,

Delhi. It is submitted that as the Head Office, where the

demand notice was sent was at Delhi and the demand

notice was served from Delhi where the workman was

staying after the termination, it can be said that a part

cause of action has arisen in Delhi. It is submitted that 4 when a part of the cause of action has arisen in Delhi, the

Court at Delhi would have territorial jurisdiction. Reliance

is placed on the decisions of this Court in the cases of

Nandram Vs. Garware Polyster Limited; (2016) 6 SCC

290, Bikash Bhushan Ghosh and Ors. Vs. Novartis India

Ltd. and Anr; (2007) 5 SCC 591 and Singareni

Collieries Co. Ltd. Vs. Ande Lingaiah and Anr; (2000)

10 SCC 294.

4.1 It is further submitted by Ms. V. Mohana, learned Senior

Advocate appearing on behalf of the appellant that in the

present case, the Labour Court had decided the

preliminary issue and held that the Labour Court, Delhi

has no territorial jurisdiction to decide the case. It is

submitted that Labour Court ought to have given its

decision on all issues. Reliance is placed upon the

decision of this Court in the case of D.P. Maheshwari Vs.

Delhi Administration and Ors.; (1983) 4 SCC 293. It is

submitted that as held by this honourable Court, tribunals

should dispose of all the issues, whether preliminary or

otherwise, at the same time.

5 4.2 Making the above submissions and relying upon above

decisions of this Court, it is prayed to quash and set aside

the order(s) passed by the Labour Court, learned Single

Judge and the Division Bench of the High Court and direct

the Labour Court, Delhi to decide and dispose of the case

at the earliest.

5. As per the office report, service is not complete on sole

respondent No. 1 and as per the post tracking report,

notice has not been delivered to respondent No. 1 with

postal remarks as “Addressee left without instructions”.

However, the present Special Leave Petition (SLP) is of the

year 2016 and for the reasons hereinbelow, we see no

reasons to interfere with the order passed by the High

Court. We proceed further with the SLP ex­parte so far as

sole respondent No. 1 is concerned.

6. The question which is posed for the consideration of this

Court is, whether, the Labour Court, Delhi would have

territorial jurisdiction to decide the case or the Labour

6 Court, Ghaziabad would have territorial jurisdiction to

decide the case.

6.1 From the findings recorded by the Labour Court, Delhi and

the learned Single Judge and the Division Bench of the

High Court, it is not much in dispute that the workman

was employed as a driver at Ghaziabad office. He was

working at the Ghaziabad. His services were retrenched at

Ghaziabad. All throughout during the employment, the

workman stayed and worked at Ghaziabad. Only after the

retrenchment/termination the workman shifted to Delhi

from where he served a demand notice at Head Office of

the Management situated at Delhi. Merely because the

workman after termination/retrenchment shifted to Delhi

and sent a demand notice from Delhi and the Head Office

of the Management was at Delhi, it cannot be said that a

part cause of action has arisen at Delhi. Considering the

facts that the workman was employed at Ghaziabad; was

working at Ghaziabad and his services were terminated at

Ghaziabad, the facts being undisputed, only the

Ghaziabad Court would have territorial jurisdiction to

7 decide the case. As such the issue involved in the present

case is no longer res integra in view of the decision of this

Court in the case of Eastern Coalfields Ltd. and Ors. Vs.

Kalyan Banerjee; (2008) 3 SCC 456. In the case of

Eastern Coalfields Ltd. (supra) the workman was

employed in Mugma area in the district of Dhanbad,

Jharkhand. His services were terminated at Mugma.

However, the workman filed a writ petition before the

Calcutta High Court. On a preliminary objection taken the

Calcutta High Court held that since the workman was

serving at Mugma area under the General Manager of the

area which is the State of Jharkhand, the Calcutta High

Court had no jurisdiction. Affirming the aforesaid decision,

this Court held that the entire cause of action arose in

Mugma area within the State of Jharkhand and only

because the head office of the company was situated in the

State of West Bengal, the same by itself will not confer any

jurisdiction upon the Calcutta High Court particularly

when the head office had nothing to do with the order of

punishment passed against the workman. In the present

8 case also, the workman was employed at Ghaziabad; he

was working at Ghaziabad and his services were also

terminated at Ghaziabad by the office at Ghaziabad where

he was employed.

6.2 Now, so far as the reliance placed upon the decision of this

Court in the case of Singareni Collieries Co. Ltd. (supra)

is concerned, apart from the fact that the same is not

applicable to the facts of the case on hand, it is required to

be noted that the order passed by this Court in the said

case was a consent order and the order was passed in

exercise of power under Article 142 of the Constitution of

India and the question of law was left open. Therefore, no

reliance can have been placed on the said decision.

6.3 Now, as far as the decision of this Court in the case of

Bikash Bhushan Ghosh (supra) is concerned, on facts, the

said decision also is not applicable to the facts of the case

on hand. That was a case where it was specifically found

that the part cause of action had arisen at both places. In

9 the present case as observed, it cannot be said that any

part cause of action has arisen at Delhi.

6.4 Reliance placed upon the decision of this Court in the case

of Nandram (supra) is also of no assistance to the

appellant. Again, on facts, the said decision is not

applicable to the facts of the case on hand. That was also a

case where it was found that part cause of action had

arisen in both the places, namely, Pondicherry and

Aurangabad. Therefore, it was found on facts that both,

the Labour Courts at Pondicherry and Aurangabad had the

jurisdiction to deal with the matter and therefore, the

Labour Court at Aurangabad was well within its

jurisdiction to consider the complaint. 6.5 In the case of D.P. Maheshwari (supra) is pressed into

service by learned Senior Advocate appearing on behalf of

the appellant in support of the submission that the Labour

Court ought not to have given the decision only on

preliminary issue and ought to have disposed of all the

issues, whether preliminary or otherwise at the same time.

10 On facts the said decision is not applicable to the facts of

the case on hand. In the aforesaid decision no absolute

proposition of law was laid down by this Court that even

the issue touching the jurisdiction of the court cannot be

decided by the court as a preliminary issue and the court

has to dispose of all the issues, whether preliminary or

otherwise, at the same time. When the issue touches the

question of territorial jurisdiction, as far as possible the

same shall have to be decided first as preliminary issue.

Therefore, in the present case, the Labour Court did not

commit any error in deciding the issue with respect to the

territorial jurisdiction as a preliminary issue in the first

instance.

7. In view of the above and for the reasons stated above, the

present Appeal fails and the same deserves to be dismissed

and is accordingly dismissed. In the facts and

circumstances of the case, there shall be no order as to

costs.

…………………………………J. (M. R. SHAH)

11 …………………………………J. (B.V. NAGARATHNA) New Delhi, April 19, 2022.

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