The Kerala High Court reiterates the remedy available before civil court, where the dispute is not an industrial dispute nor if it relates to enforcement of any right under the Industrial Disputes Act, 1947 (“IDA”)

The present C.R.P. No 5230 of 2024 and CMP No. 29239 of 2024 is preferred by the Secretary of the recognised worker’s union of the respondent industry. It was contended by the Secretary that 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 in the industrial dispute, there will be no assets left in the Company for the workmen to proceed against. Hence, an original suit has been filed before the District Munsif seeking for prohibitory injunction against the respondents. The plaint was returned by the District Munsif stating, “As per representation, the suit to be filed before the Labour Court.” Looking into the issue the High Court of Kerala observed that the bar of jurisdiction of civil Court with respect to IDA arises, when there is a mechanism available under the IDA to redress the grievance of a workman or a Union. If there is no provision under the IDA, the doors of the Civil Court are always open. The IDA, as it stands today, does not contemplate the Tribunal to grant any interim order and injunction can only be granted by the Civil Court. Thus, the civil revision petition succeeds, and the learned judge is requested to receive the plaint.