M. Nagappan Vs Management (Madras High Court)
Madras High Court held that Injunction can only be granted by the Civil Court, unless and until the said power is specifically denuded from the Civil Court and granted to any Special Court or Tribunal. The civil revision petition succeeds.
Facts- The Civil Revision Petitioner is the Secretary of the recognized Workers Union of the respondent industry. Through the plaint, it pleaded that contrary to the claims of the workmen, the respondent is attempting to sell the machinery and ensure that the workmen are not paid their dues. Attempts are also made to create a situation, in the event the Union succeeds in obtaining the award, there will be no assets left in the Company for the workmen to proceed against. Hence, it presented O.S.SR.No.136 of 2024 seeking for prohibitory injunction against the respondents.
Conclusion- The bar of jurisdiction of civil Court with respect to Industrial Disputes Act arises, when there is a mechanism available under the Industrial Disputes Act, to redress the grievance of a workman or a Union. If there is no provision under the Industrial Disputes Act, the doors of the Civil Court are always open to a party to knock on. The Industrial Disputes Act, as it stands today, does not contemplate the Tribunal to grant any interim order. There is no provision for a party to initiate a suit before the Industrial Tribunal or Labour Court for the injunctive reliefs. Injunction can only be granted by the Civil Court, unless and until the said power is specifically denuded from the Civil Court and granted to any Special Court or Tribunal.
