Gajanan Wadnerkar vs South Eastern Coalfields Ltd. and Others

Satish K. Agnihotri, J.

The Petitioner, by this petition, seeks a direction to the Respondents to make full payment of his salary from the date of his dismissal onwards. According to learned Counsel appearing for the Petitioner, the Petitioner met with serious accident in course his employment while working at Nowrozabad Circle, District Shahdol, Madhya Pradesh. The impugned order dated 24/27.03.2008 (Annexure P/1) was also issued by the Sub Area Manager, Nowrozabad, District Shahdol.

The cause of action as a whole or in part has not arisen within the jurisdiction of this High Court as the accident took place within the territorial jurisdiction of the State of Madhya Pradesh and the order impugned was also issued by the Sub Area Manager Nowrozabad, situated within the State of Madhya Pradesh.

In the identical facts where the Head Office of the company was situated at Calcutta, West Bengal and cause of action arose in the State of Jharkhand, the Supreme Court, in the matter of Eastern Coalfields Ltd. and Others Vs. Kalyan Banerjee, observed as under.

In view of the decision of the Division Bench of the Calcutta High Court that the entire cause of action arose in Mugma area within the State of Jharkhand, we are of the opinion that only because the head office of the Appellant Company was situated in the State of West Bengal, the same by itself will not confer any jurisdiction upon the Calcutta High Court, particularly when the head office had nothing to do with the order of punishment passed against the Respondent.

Applying the well settled principles of law on cause of action to the facts of the case for the purpose of Article 226(2) of the Constitution of India, the cause of action arose within the State of Madhya Pradesh. Thus, this petition is not maintainable.

Accordingly, the petition is dismissed as not maintainable. However, liberty is reserved to the Petitioner to approach the appropriate High Court, if so advised.