Implied bar of civil jurisdiction applies where a special labour statute provides the complete remedy for dismissal disputes.

Civil court jurisdiction was impliedly barred under Section 9 CPC where the employee's claim, though pleaded as a declaration and injunction, was in substance a demand for reinstatement with back wages arising from dismissal from service. The Industrial Disputes Act, 1947 supplied a complete statutory mechanism for conciliation, reference and adjudication of such an industrial dispute, and the remedy sought was not one available under ordinary civil law or contract. On that footing, the proper forum lay under the special statute, and the civil suit was not maintainable.

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Issues: Whether the civil court had jurisdiction to entertain a suit challenging dismissal from service and seeking declaration, reinstatement and back wages where the dispute was covered by the Industrial Disputes Act, 1947.

Analysis: Section 9 of the Code of Civil Procedure, 1908 permits civil suits unless their cognizance is expressly or impliedly barred. The relief claimed, though framed as a declaration and injunction, was in substance a claim for reinstatement with back wages, a remedy not available under ordinary civil law or contract but available under the Industrial Disputes Act, 1947. The Act treated the dispute as an industrial dispute, provided conciliation under Section 12, and enabled reference for adjudication under Section 10. In this statutory scheme, the appropriate Government could examine the matter prima facie for deciding reference, and the Act furnished a complete machinery for adjudication of the employee's grievance. On that footing, the civil remedy stood impliedly excluded.

Conclusion: The civil court had no jurisdiction to try the suit, and the bar of jurisdiction was implied from the scheme of the Industrial Disputes Act, 1947.

Ratio Decidendi: Where a special statute creates the right claimed and provides a complete mechanism for its adjudication and enforcement, civil court jurisdiction is impliedly barred under Section 9 of the Code of Civil Procedure, 1908.

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