Whether the civil suit by workmen is maintainable for declaration and injunction assailing a fine amount ? yes.

2020 APEX COURT [38 ]- Whether the civil suit by workmen is maintainable for declaration and injunction assailing a  fine amount ? yes.suit by the workmen for declaration and permanent injunction assailing a fine imposed on them by the appellant management- order VII Rule 11 of Code of Civil Procedure, 1908 claiming that the plaint is liable to be rejected and the respondents to be relegated to the remedy under the Industrial Disputes Act, 1947 – Apex court held that  dispute arises from general law of contract, i.e., where reliefs are claimed on the basis of the general law of contract, a suit filed in civil court cannot be said to be not maintainable, even though such a dispute may also constitute an “industrial dispute” within the meaning of Section 2(k) or Section 2-A of the Industrial Disputes Act, 1947. It is only when the dispute involves recognition, observance or inforcement of or obligations created by the Industrial Disputes Act, the only remedy would be exclusively under the provisions of the Industrial Disputes Act Act. The facts of this case involved the termination of service of workmen and thus the remedy was inter alia under the Industrial Disputes Act. The present case involves recovery of certain fine amount which cannot be said to be covered by Section 2-A of the Industrial Disputes Act. Civil suit is maintainable.