2004 (12) TMI 711

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....d by the High Court of Karnataka in Civil Revision Petition No. 2211 of 2003. 3. Briefly stated, the facts are as follows: On 29.6.1985, respondent herein was appointed as senior pharmacist in National Institute of Mental Health & Neuro Sciences, appellant herein. On 21.6.1988, respondent herein was charge-sheeted for alleged misappropriation of drugs to the extent of Rs. 1,79,668.46. A detailed and elaborate enquiry was conducted by the enquiry officer. On 20.2.1993, the enquiry officer submitted his findings holding that the respondent, as a senior pharmacist, was responsible for shortages of drugs in the year 1987 to the extent of Rs. 1,79,668.46. By show-cause notice dated 1.3.1993, the disciplinary authority, being the Dire....

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....the Labour Court was - whether the action of the appellant in removing the respondent from service by order dated 12.4.1993 was justified. On 16.8.2000, issues were framed by the Civil Court in the aforestated suit No. 1732/95, the main issue being whether the Institute proves that the respondent has caused pecuniary loss of Rs. 1,79,668.46. On 29.10.2001, the Labour Court set aside the order of removal dated 12.4.1993 and directed reinstatement of the respondent with continuity of service but without back wages. 5. Aggrieved by the award of the Labour Court, the appellant preferred writ petition No. 24348 of 2002 in the High Court questioning the award of the Labour Court dated 29.10.2001. By interim order dated 24.7.2002, the High Cour....

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.... Hence, this civil appeal. 7. The short question which arises for determination is - whether application dated 20.6.2003 filed by the respondent under Section 10 read with Section 151 CPC seeking stay of civil suit No. 1732/95 in the Court of City Civil Judge, Bangalore, was maintainable. 8. The object underlying Section 10 is to prevent Courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of the -same matter in issue. The object underlying Section 10 is to avoid two parallel trials on the same issue by two Courts and to avoid recording of conflicting findings on issues which are directly and substantially in issue in previously instituted suit. The language of Section 10 suggests that it is refer....

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....was Rs. 1,79,668.46. Being aggrieved by the order of dismissal, the respondent moved the Labour Court. On 29.10.2001, the Labour Court passed an award setting aside the order of removal dated 12.4.1993. Being aggrieved, the appellant instituted writ petition No. 24348/02. The appellant has also instituted civil suit No. 1732/95 for recovery of the loss suffered by it to the tune of Rs. 1,79,668.46 with interest. Thus, as can be seen from the above facts, both the proceedings operated in different spheres. The subject matter of the two proceedings is entirely distinct and different. The cause of action of the two proceedings is distinct and different. The cause of action in filing the said suit is the loss suffered by the appellant on accoun....