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Hemant Taylor (ADVOCATE)     30 November 2013

Civil court jurisdiction in civil suit filed against compuls

Hello to every one, 

I just want to know that is an compulsory retirement order comes under industrial dispute or not. if not then why, . its is related to employment and the workman is a driver in a state road transport corporation who has been compulsory retirement only on the accoynt of his became dormant or non functional because of an accident. and he would dfinately get all retiral benefits because the order was of not punitive in nature and it was passed only in the interest of the corporation. this workman filed an civil suit and got decreed in his favour thereby the compulsory retirement order was set asided. a specific issue regading civil court jurisdiction was raised and corporation application O7R11 was rejected. 

querry here is- civil suit challengingg order of compulsory retirement is maintainable or not. civil court jurisdiction is barred or not. compulsory retirement order was passsed as per the standing order of the corporation which are approved by the industrial dispute standing order. 


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