TaxTMI 
TaxTMI 
2021 (10) TMI 478
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....r short "the ID ACT") and therefore, the judgment and decree in favour of the plaintiff are a nullity. The Court also opined that a plea on absence of jurisdiction can be raised even at the stage of execution of proceedings. 3. The appellant was a daily wage employee under the Himachal Pradesh State Electricity Board (hereinafter referred to as the "Board"). The service of the temporary employee was dispensed with by order dated 1.1.1985 issued by the Executive Engineer. This was challenged in the Civil Suit No. 100/1985. The plaintiff claimed to have rendered uninterrupted service for 2778 days and asserted the right to be regularized after completion of 240 days of continuous service. The defendant per-contra contended that the plaintiff....
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....t. The decree favouring the plaintiff was accordingly upheld by rejecting the jurisdictional objection raised by the Board. 6. The judgment debtor's further challenge to the decree were not entertained and then the Board made the offer to appoint the terminated daily wager to the post of LDC in the regular pay scale, with effect from 1.9.2001 (Annexure P4). Responding to the appointment offer, the appellant gave a joining report on 1.9.2001 (Annexure P5), but since the same was hedged with various conditions, the joining report was not acted upon by the management. 7. Following the above, the decree holder applied for execution of the decree (12.10.1988) in the Civil Suit No. 100 of 1985 before the Civil Judge (Junior Division). The judgm....
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...., the learned Judge referred to the judgments in Rajasthan SRTC & Ors. vs. Khadarmal [(2006) 1 SCC 59], Rajasthan SRTC & Anr. vs. Ugma Ram Choudhry [(2006) 1 SCC 61] and opined that the civil court did not have jurisdiction to entertain a claim based on the ID Act and if any decree is passed by the court without jurisdiction, the same shall have no force of law. Following the ratio in these two judgments, the High Court held that the civil court lacked inherent jurisdiction to entertain the suit based on the ID Act and the judgment and decree so passed, are nullity. It was further observed that the plea of decree being a nullity can also be raised at the stage of execution. The Revision petition filed by the judgment debtor was accordingly ....
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....ready remitted the arrear salaries to the appellant. 13. The above contentions of the parties indicate that the only issue to be considered here is whether the suit before the civil court at the instance of the terminated employee, was maintainable. The civil courts may have the limited jurisdiction in service matters, but jurisdiction may not be available to Court to adjudicate on orders passed by disciplinary authority. The authorities specified under the ID Act including the appropriate government and the industrial courts perform various functions and the ID Act provides for a wider definition of "termination of service", the condition precedent of termination of service. The consequence of infringing those, are also provided in the ID....