Civil Courts Retain Exclusive Jurisdiction For Non-Industrial Disputes & Provide Alternative Remedies For Common Law Claims: J&K High Court
Live LawThe Jammu and Kashmir and Ladakh High Court has held that if a dispute is not an industrial dispute nor relates to the enforcement of any rights under the Industrial Disputes Act, the remedy lies exclusively in a civil court. However, a bench of Justice Vinod Chatterji Koul clarified that if the dispute arises out of a right or liability under general or common law rather than the ID Act, the jurisdiction of the civil court becomes an alternative remedy, leaving the suitor the choice to pursue relief through either mechanism. Court's Observations: Justice Koul extensively examined the issue of jurisdiction, focusing on whether the dispute qualified as an industrial dispute under the ID Act or involved common law rights enforceable through civil courts. The court also referred to the judgment in RSRTC v. Deen Dayal Sharma, which clarified that the jurisdiction of civil courts is barred only when the dispute pertains to a right or obligation exclusively created under the ID Act. However, when a dispute involves common law rights or constitutional principles, civil courts retain their jurisdiction, the court maintained.
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