LAWS(SC)-2008-3-45

EASTERN COALFIELDS LTD Vs. KALYAN BANERJEE

Decided On March 04, 2008
Eastern Coalfields Ltd. And Ors Appellant
V/S
KALYAN BANERJEE Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Respondent was an employee of Eastern Coal Fields Limited, Appellant No. 1 herein in the Mugma Area, in the district of Dhanbad, Jharkhand. The General Manager of the area, whose office is also situated at Mugma was his appointing and disciplinary authority. The services of the respondent were terminated at Mugma. He filed a writ application before the Calcutta High Court. As he was serving in the Mugma Area and the office of the General Manager was situated at Mugma which is in the State of Jharkhand, a preliminary objection was raised in regard to the jurisdiction of the Calcutta High Court. In Supplort of the said objection, reliance was placed upon a decision of a learned Single Judge in N.N. Singh vs. Coal India Limited (C.O. No. 5869 (W) of 1994.

(3.) The learned Single Judge, however, disagreed with the said view and referred the matter to the Division Bench. The Division Bench by a judgment and order dated 26.03.2003 opined that the Calcutta High Court had no territorial jurisdiction to entertain the said writ petition stating :