In Brief
A temporary daily wage employee was terminated in 1985 and sued in civil court for regularization and back wages under the Industrial Disputes Act 1947. The civil court decreed in his favour, a finding upheld by the District Court. However, the High Court on revision set aside the decree, holding that civil courts lack jurisdiction over disputes founded on the ID Act. The Supreme Court upheld the High Court's decision, ruling that when an employee's claim is structured on the ID Act, the civil court is without jurisdiction and any decree passed is a legal nullity. However, the Court held that the arrear wages already paid should not be recovered on equitable grounds.
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