BHUPENDRA Vs. CHHATARSINGH

JUDGEMENT

(1.) 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.

(2.) 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:--

(3.) In the matter of K.P. Govil Vs. Jawaharlal Nehru Krishi Vishwavidyalaya, 1987 MPLJ 396, a Full Bench of this Court has held that:--