Kirmali Fernando vs. Standard Chartered Bank – sllr 2011 volume 2 page 126

In Kirmali Fernando v. Standard Chartered Bank, the Supreme Court addressed whether an employee alleging unlawful termination under Section 31B(5) of the Industrial Disputes Act may seek relief from a forum other than the Labour Tribunal, and considered the proper application of jurisdictional provisions under the Civil Procedure Code, including Sections 9 and 46(2). The case arose after the District Court returned the plaint for amendment due to procedural issues and the High Court denied leave to appeal. The Supreme Court held that an employee is entitled to initiate proceedings in more than one forum, with the requirement that only one application be pursued if overlapping claims exist. It was further established that the principal place of business may constitute “residence” for jurisd