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Supreme Court of India 2019-02-14 allowed

CEMENT WORKERS MANDAL vs GLOBAL CEMENTS LTD(HMP CEMENTS LTD.)

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

A workers' union challenged the dismissal of its petition by the Gujarat High Court seeking reliefs for unpaid wages after a cement factory closure. The employer's registered office was in Calcutta, but the factory was in Porbandar, Gujarat, and the Labour Court proceedings occurred in Gujarat. The Supreme Court held that Article 226(2) of the Constitution, read with Section 20(c) CPC, grants a High Court territorial jurisdiction when the cause of action arises wholly or in part within its jurisdiction. Since the factory location, Labour Court proceedings, and wage dispute arose in Gujarat, the Gujarat High Court had jurisdiction and the case was remanded for merit-based decision.

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Constitutional Law Civil Procedure Jurisdiction of High Courts Industrial Disputes Labor Law Writ Jurisdiction Territorial Jurisdiction

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