RANJIT KAUR Vs. SANTOKBSINGH AND ANR

JUDGEMENT

(1.) This order will also govern the disposal of C. Rr. Nos. 293 and 294, both of 1973.

(2.) The material facts given rise to these revision petition briefly are as follows: On an application submitted by the applicant for award of compensation under the provisions of the Workmen's Compensation Act, 1923, hereinafter referred to as the 'Act', before the Commissioner for Workmen's Compensation in another State, the learned Commissioner transferred the case, at the instance of the applicant, to the Commissioner for Workmen's Compensation, Indore. It is not disputed that before the order of transfer was passed, the learned Commissioner for Workmen's Compensation had not given any notice to the opponents. It is also not disputed that the proceedings were not transferred with the sanction of the Government of Madhya Pradesh, as contemplated by the second proviso to Section 21(2) of the Act. When the matter came to be considered by the learned Commissioner for Workmen's Compensation, Indore, an objection was raised on behalf of the non-applicants that the order of transfer was not in accordance with law and that the learned Commissioner for Workmen's Compensation, Indore, had no jurisdiction to entertain the proceeding. This objection was upheld by the learned Commissioner for Workmen's Compensation, Indore, by this impugned order. Aggrieved by this order, these revision petitions are preferred.

(3.) Having heard learned Counsel for the parties, I have come to the conclusion that these revision petitions deserves to be dismissed. The only question for consideration before me is whether the transfer of the proceedings, commenced by an application presented by the applicant for award of compensation, before the learned Commissioner for Workmen's Compensation in another State to the learned Commissioner for Workmen's Compensation, Indore, was in accordance with law. It is not disputed that the only relevant provisions of the Act in this behalf are Sub-sections (1) and (2) of Section 21 of the Act, which read as follows: