Law: Code Of Civil Procedure, 1908.

Section: 9, 11, 10

Law: Employees Old Age Benefits Act, 1976

Section: 2, 4, 8, 8-A, 9, 10, 12, 33, 34, 35, 45

SUMMARY i. When a special law has provided a complete and comprehensive forum/fora for the redressal of grievance(s) for their subjects and when a grievance(s) also falls and covered under the powers and functions of such Authority(ies)/Forum/Fora then an aggrieved person has to approach to those Authority(ies)/Forum/Fora by availing the available remedies. ii. Under The Employees Old Age Benefit Act, 1976, a complete and comprehensive mechanism has been provided for the redressal of the grievance(s) of an aggrieved person as provided under Sections 33, 34 and 35 of the ibid Act. The ibid Act has also provided the functions and powers of those Authority(ies), therefore, when a grievance of an aggrieved person falls within the domain of such Authority(ies) then such an aggrieved person has to approach to the Authority(ies) established thereunder and such aggrieved person cannot directly approach to the Civil Court by passing such forum/fora as allowing such practice would amount to defeat the very intention of the legislatures who have provided such forum/fora by enacting necessary legislation / as well as by appointing public functionaries. iii. The jurisdiction of the Civil Court would not only be barred in cases of express bar but the same would also be barred impliedly and grievance(s) which fall under the mandate of an Authority under the special law then such cases would prima facie attract the implied bar.   Employees Old Age Benefits Institution (EOBI) challenged the dismissal of its application for rejection of plaint. The respondent school had filed a suit against EOBI’s demand notices under the Employees Old Age Benefits Act, 1976. The trial court and appellate court refused to reject the plaint, so EOBI filed a writ petition. The High Court held that the dispute (contributions, employee registration, and dues) falls exclusively within the jurisdiction of EOBI under Sections 33, 34, and 35 of the Act of 1976. Since a complete statutory mechanism exists, the Civil Court’s jurisdiction is impliedly barred under Section 9 CPC. The Court further held that civil courts cannot bypass a special law mechanism, and parties must first exhaust…