LAWS(MPH)-2012-10-185

MANOJ PATEL Vs. GOPAL RATHORE

Decided On October 11, 2012
Manoj Patel Appellant
V/S
Gopal Rathore Respondents

JUDGEMENT

(1.) BEING aggrieved by the award dated 4/7/2012 passed by Commissioner for Workmen's compensation, Labour Court, Khandwa in WCNF 65/10 whereby the claim petition filed by appellant was allowed and compensation of Rs.97,836/ was awarded along with interest @ 12% per annum w.e.f. 18/11/2009 and in default in depositing the amount within 1 month, penalty of 25%, the present appeal has been filed.

(2.) 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 entertaned. 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

(3.) THE High Court of Madhya Pradesh Rules 2008 deals with the territorial jurisdiction of the Judges m the Principal seat and also in the benches, which reads as under :