YUSUF ABDUL SAKURBHAI CHAUHAN Vs. WORKMEN COMPENSATION COMMISSIONER

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India against the order dtd. 16/7/2012 passed the learned Workmen Compensation Commissioner, Labour Court, Dahod (below Exh.7) in Workmen Compensation Case No. 3 of 2011, with the following prayers.

(2.) Brief facts of the case are that respondents No. 2, 3 and 4 filed an application before the Workmen Compensation Commissioner, Labour Court, Dahod for getting compensation under the Act. It is the case of the private respondents that the present petitioner was doing the work of contract in Bharcuh as and when the petitioner requires labourers for the purpose of construction, persons were called from the village of private respondents and other nearby villages at the concerned construction site.

(3.) Learned advocate Mr. P.P. Majmudar for the petitioner has submitted that the petitioner filed an application below Exh. 7 for framing of preliminary issue with regard to jurisdiction. It is the say of the petitioner that accident had occurred in Bharuch district and no cause of action has been arisen between the local limits of Labour Court, Dahod and as per Sec. 21 of the Workmen Compensation Act, the application can be filed only when the cause of action has arisen. It is submitted that as such the application filed by the private respondents is barred by jurisdiction and issue ought to have been framed as a preliminary issue and the findings of the learned Workmen Compensation Commissioner are absolutely unjust, perverse and contrary to law. It is submitted that Sec. 21 of the Workmen Compensation Act is also misconstrued by the learned Workmen Compensation Commissioner. It is also submitted that the order passed by the learned Workmen Compensation Commissioner (below Exh.7) may be quashed and learned Workmen Compensation Commissioner be directed to allow the prayers made by the petitioner.