Civil Court Has Jurisdiction To Pass Injunctive Relief In Industrial Disputes: Madras HC
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Civil Court Has Jurisdiction To Pass Injunctive Relief In Industrial Disputes: Madras HC

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Madras High Court: A single judge bench consisting Justice V. Lakshminarayanan allowed a civil revision petition against a District Munsif's order that refused to pass an injunction against TAW Footwear Division. Following Premier Automobiles Ltd. v. Kamalakar Shantharam Wadke, it held that since the labour courts were not empowered to grant interim injunctions under the Industrial Disputes Act, civil courts are the appropriate forum. However, the District Munsif rejected the plaint, stating that the matter was an industrial dispute and fell exclusively within the Labour Court's jurisdiction under the Industrial Disputes Act. Citing Premier Automobiles Ltd. v. Kamalakar Shantharam Wadke, he emphasized that the jurisdiction of civil courts would be ousted only if the Labour Court was explicitly empowered to grant the relief sought. Referring to Premier Automobiles Limited v. Kamalakar Shantharam Wadke, the court ruled that civil courts have jurisdiction over matters that are not specifically mentioned under the Industrial Disputes Act.

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