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2019 (2) TMI 1927 - SC - Indian LawsTerritorial Jurisdiction - power of High Court to entertain the Special Civil Application filed by the Appellant herein which was entertained and allowed by the Single Judge - whether the Division Bench was justified in holding that the SCA filed by the Appellant was not maintainable for want of territorial jurisdiction of the Gujarat High Court? - HELD THAT:- The Division Bench erred in not noticing Article 226(2) of the Constitution of India while deciding the question arising in this case. The question as to whether the Gujarat High Court has territorial jurisdiction to entertain the Appellant's petition (SCA) or not, should have been decided keeping in view the provisions of Article 226(2) of the Constitution read with Section 20 of the Code of Civil Procedure, 1908. In the present case, it is found from the averments of the petition (SCA) that firstly, Respondent No. 1-Company has its factory at Porbandar, which is a part of State of Gujarat; Second, the Labour Court, Junagadh, which is also a part of State of Gujarat, entertained the dispute between the Appellant-Union and Respondent No. 1-Company and passed a recovery order; and Third, one of the reliefs claimed in the petition (SCA) pertains to non-payment of outstanding wages payable to the workers by Respondent No. 1-Company - thus, the part of the cause of action as contemplated in Article 226(2) of the Constitution has arisen within the territorial jurisdiction of the Gujarat High Court for filing the petition (SCA) to claim appropriate reliefs in relation to such dispute against Respondent No. 1-Company. The Appellant's petition (SCA) was maintainable in the Gujarat High Court inasmuch as the part of the cause of action to file such petition did accrue to the Appellant herein (Petitioner) within the territorial jurisdiction of the Gujarat High Court - the SCA was required to be decided on merits by the Gujarat High Court - Appeal allowed.
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