Labour Dispute Lawyer: reference to labour Court held to be not maintainable, claim was dismissed.

Justice Abhay Manohar Sapre

The issue which had fallen for consideration before the apex court was whether a workman who had filed the writ petition under article 226 of the Constitution of India before the high court and the same was dismissed in respect of service dispute and the Order was upheld till this Court then can the proceedings after that before the labour Court are maintainable.

Answering it in negative the Supreme Court of India has held that once issue regarding reduction of age of superannuation from 60 to 58 years was considered and the writ petition was dismissed by the high court which was upheld by this court, then, the second round of litigation is not maintainable being barred by res judicata.

It was further held in the case titled as "Chairman, the fertilizers and chemical Versus General Secretary FACT employees"  that the principle of res judicata under section 11 CPC are applicable even to the proceedings before the labour Court. The Appeal was dismissed by the supreme court.