Jitendra Nath Biswas v. Empire of India and Ceylone Tea Co. and Anr., AIR 1990 SC 255

The appellant, Jitendra Nath Biswas, was an employee of Empire of India & Ceylone Tea Co. Ltd. The company terminated his services on November 28, 1971, after conducting a domestic inquiry into allegations of misconduct. The appellant challenged his dismissal in a civil suit before the Court of Munsiff, seeking: A declaration that his dismissal was illegal and contrary to the Standing Orders under the Industrial Employment (Standing Orders) Act, 1946. Reinstatement in service. Back wages. An injunction preventing the company from enforcing the dismissal order.

The employer (respondent) filed a written statement, arguing that: The suit was not maintainable as the relief sought was covered under Section 2A of the Industrial Disputes Act, 1947. Under Section 14(1)(b) of the Specific Relief Act, 1963, a contract of personal service cannot be specifically enforced. Only the Industrial Disputes Act provided a remedy for the appellant.

The Trial Court ruled in favor of the appellant, holding that civil courts had jurisdiction over the matter. However, the Gauhati High Court, in revision, reversed this decision, holding that the relief sought by the appellant could only be granted under the Industrial Disputes Act, thereby barring civil court jurisdiction.

The Supreme Court upheld the Gauhati High Court’s decision. It was held that Section 9 of the Code of Civil Procedure (CPC) bars suits when jurisdiction is expressly or impliedly excluded. A terminated employee, under contract law, can seek only damages for wrongful termination, not reinstatement. Relief such as reinstatement and back wages is exclusively available under the Industrial Disputes Act. The Industrial Disputes Act provides a complete mechanism for resolving employment disputes, making it the sole forum for adjudicating wrongful termination claims.