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Section 141: Bar of jurisdiction of civil courts

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XII: Offences and Penalties
Competent Labour Forum
Act No. 36 of 2020
Section 140 All 163 Sections of Code on Social Security, 2020 Section 142

Legal Commentary & Landmark Judgments: Section 141

Section 141 of the Code enacts a comprehensive bar of jurisdiction of civil courts, providing that no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an assessing officer, appellate authority, or tribunal is empowered to determine under the Code.

  • Exclusive Specialized Adjudication Matrix: Bars ordinary civil courts from granting injunctions against contribution assessments, recovery certificates, or penalty proceedings governed by specialized authorities under the Code.
  • Prevention of Dilatory Injunction Suits: Precludes employers from filing civil suits to restrain statutory inspections, fund transfers, or insolvency claims.
  • Confining Judicial Review to High Courts: Channels all challenges against administrative determinations exclusively through statutory appellate tribunals and High Courts under Article 226.
Key Landmark Precedents:
  • Dhulabhai v. State of M.P. AIR 1969 SC 78: Constitution Bench laid down the classical tests governing exclusion of civil court jurisdiction, affirming that where a statute creates a specialized liability and complete appellate machinery, civil jurisdiction is excluded.
  • Premier Automobiles Ltd. v. Kamlekar Shantaram Wadke (1976) 1 SCC 496: Supreme Court held that rights and liabilities created under specialized labor codes are enforceable exclusively through the statutory forums provided therein.
  • E.S.I.C. v. C.C. Santhakumar (2007) 1 SCC 584: Affirmed that the jurisdiction of civil courts is completely ousted by specialized social security tribunals.
Courtroom Practice & Strategic Litigation Guidance:

If served with an adverse assessment or recovery certificate, do not file a suit for declaration or permanent injunction before a Civil Judge. Immediately file an appeal before the CGIT / EI Court or a writ petition under Article 226 before the High Court.

Section 140 All 163 Sections of Code on Social Security, 2020 Section 142