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Supreme Court of India 2021-10-08 dismissed

MILKHI RAM vs HIMACHAL PRADESH STATE ELECTRICITY BOARD

Bench: 2 — R. Subhash Reddy, Hrishikesh Roy

In Brief

A daily wage employee of Himachal Pradesh State Electricity Board challenged his termination in a civil suit under the Industrial Disputes Act, 1947. The civil court decreed the suit, but the High Court set aside the decree, holding the civil court lacked jurisdiction over claims structured on the ID Act. The Supreme Court upheld the High Court's view. It held that civil courts cannot adjudicate on termination disputes when the claim is founded on the ID Act—such matters belong exclusively to industrial forums. However, it ruled that back wages already paid to the employee need not be recovered, applying equitable principles to avoid hardship."

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Industrial Law Service Law Jurisdiction Civil Procedure Labour and Employment

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