LAWS(UTN)-2010-9-108

SUBHASH CHANDRA Vs. RAM PRASAD DHIMAN AND ANOTHER

Decided On September 27, 2010
SUBHASH CHANDRA Appellant
V/S
Ram Prasad Dhiman Respondents

JUDGEMENT

(1.) HEAD learned counsel for the appellant as well as learned counsel for respondent no. 2.

(2.) THIS appeal from order has been filed under Section 30 of the Workmen Compensation Act, 1923 against an or­der passed by the Assistant Workmen Compensation Commissioner, Muzaffamagar, where the alleged accident also took place at Muzaffamagar. How­ever, since the workman was residing at Roorkee in the cost title the district was mentioned as Haridwar.

(3.) THIS Court is of the considered view that not only the cause of action lies with the State of U.P. but the jurisdiction vests with the High Court of Judicature at Allahabad to decide the instant Appeal in­asmuch as not only the accident had oc­curred in the territory of Uttar Pradesh, but the matter was decided by the Workmen Compensation Commissioner, Muzaffamagar, which is in the territory of U.P. Furthermore, any order passed has to be executed by the Court at Muzaffamagar. Therefore, this Court is of the considered view that no cognizance can be taken by this Court in the present matter.