NAVIN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN accordance with the directions contained in order dated 9.1.2003 learned counsel for the State has produced a copy of the notification dated 31.12.1991 to contend that the officers shown in column 2 would be entitled to exercise their jurisdiction as Presiding Officer within the area as detailed in column 4. Taking an exception to this notification learned counsel for the petitioner submits that in accordance with sub -section (1) of section 20 of Workmen Compensation Act, 1923 not only the appointment is to notified but is to be gazetted in the official gazette. He submits that as 1991 notification has not been published in the official gazette the notification dated 31.12.1991 would be of no consequences and would not confer any jurisdiction under the Workmen Compensation Act on the officials detailed in column 2 for exercising their jurisdiction in the areas detailed in column 4. Let the learned counsel for the State file a detailed counter of the concerned Secretary of the Department to show to this Court that whether 1991 notification was published in official gazette or not.

(2.) ISSUE notice to the respondents no. 3, 4 and 5. Requisites under ordinary process be submitted within three days. Failure shall lead to dismissal of this writ application.