Bhupendra vs Chhatar Singh and Another

N.K. Mody, J.—Being aggrieved by the award dated 7-3-12 passed by Commissioner for Workmen''s Compensation, Labour Court, Khandwa in Case No. 55/2010-WCNF whereby claim petition filed by the appellant was allowed and compensation of Rs. 1,85,718/- was awarded, present appeal has been filed. A preliminary objection has been raised by the respondent No. 2 to the effect that since the appeal is arising out of award passed by Labour Court, Khandwa, therefore, this Court is having no jurisdiction to hear and decide the appeal on merits. Learned Counsel submits that District Khandwa is in the territorial jurisdiction of Principal Seat at Jabalpur, therefore, this appeal cannot be entertained. It is submitted that appeal be dismissed. In alternative, appellant be permitted to withdraw the appeal to file the same before the Principal Seat at Jabalpur. Learned Counsel for appellant submits that since cause of action has arisen at Khargone and appellant is also resident of Khargone of which the territorial jurisdiction is with this Court, therefore, even if the claim petition has been decided by the Labour Court, Khandwa, then too this Court is having jurisdiction to entertain the appeal. It is submitted that cross objections have no merits and same be dismissed.

The High Court of Madhya Pradesh Rules, 2008 deals with the territorial jurisdiction of the Judges in the Principal Seat and also in the Benches, which reads as under:--

The Government of India, Ministry of Home Affairs, New Delhi has issued the Notification on 28-11-88, which reads as under:--

(IV) Territorial Jurisdiction of the Judges in the Benches:

(1) *** *** ***

(2) *** *** ***

(3) has further directed that such Judges sitting at--

(a) Indore, shall exercise the jurisdiction and power for the time being vested in the High Court, in respect of cases arising in Revenue Districts of India, Ujjain, Dewas, Dhar, Jhabua, Ratlam, Mandsaur, West Nimar (Khargone), Shajapur and Rajgarh.

In the matter of K.P. Govil Vs. Jawaharlal Nehru Krishi Vishwa Vidyalaya, Jabalpur and Another, a Full Bench of this Court has held that:--

The writ petition was maintainable before the Bench at Gwalior. The expression in the Presidential Notification, dated 28-11-1968 ''in respect of cases arising in the Revenue Districts of Gwalior, Shivpuri, Datia, Guna, Vidisha (Bhilsa), Bhind and Morena'' means the place or places within the specified Revenue Districts where the whole or a part of cause of action arises. If the cause of action arises wholly or in part at the place or places within the specified Revenue Districts, the Gwalior Bench will have jurisdiction. The fact that the order of appointment was accepted by joining the post at Gwalior would form part of a cause of action and it would arise at the place where the order is implemented by joining the post. A part of the cause of action having arisen at Gwalior, the Gwalior Bench had jurisdiction to entertain petition.

In the matter of Kusum Ingots and Alloys Ltd. Vs. Union of India (UOI) and Another, , wherein the Hon''ble Apex Court has observed that accrual of even small fraction of cause of action within jurisdiction confers jurisdiction on that Court. Hon''ble Apex Court further observed that:--

When an order, is passed by a Court or Tribunal or an Executive Authority whether under provisions of a statute or otherwise, a part of cause of action arises at that place. Even in a given case, when the Original Authority is constituted at one place and the Appellate Authority is constituted at another, a writ petition would be maintainable at both the places. In other words, as order of the Appellate Authority constitutes a part of cause of action, a writ petition would be maintainable in the High Court within whose jurisdiction it is situated having regard to the fact that the order of the Appellate Authority is also required to be set aside and as the order of the Original Authority merges with that of the Appellate Authority.

Keeping in view the fact that this Court is having jurisdiction and power in respect of cases arising in Revenue Districts including West Nimar (Khargone), as per High Court of M.P. Rules, 2008, therefore, even if the claim petition has been decided by the Labour Court, Khandwa, then too, this Court is having jurisdiction to entertain the appeal as the cause of action accrued to the appellant at Khargone in West Nimar. In view of this, the preliminary objection raised by respondent No. 2 cannot be upheld by this Court, hence the preliminary objection stands dismissed.

Be listed for further hearing.