TMI Blog2013 (6) TMI 929X X X X Extracts X X X X X X X X Extracts X X X X ..... enefits. The case of the petitioner is that he was appointed on May 6, 2002 at Basantimata Colliery, Bharat Coking Coal Limited. On September 19, 2005 he found that a list of employees was displayed in the notice board of the respondent No. 2 company, Chanch Victoria area, Barakar. This was an order of dismissal of several employees who were attached to different collieries. The petitioner was one of them. This was on the ground of absenteeism of the petitioner. The petitioner made a representation to the General Manager, Chanch Victoria area; but he received a reply from the Agent of the colliery rejecting the petitioner's prayer for reinstatement. By the present petition the petitioner has challenged the order of dismissal on vario ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions etc. are totally monitored by the office of the General Manager and the Kolkata office had a very important role in the policy decision and day to day administrative matters of the BCCL. The petitioner has submitted that he was appointed by the General Manager of the Chanch Victoria area by the Coal India Limited as a Parent Body. 4. Undoubtedly the office of the Chairman of the respondent No. 2 company is in Dhanbad where from all decisions were taken. The respondents have strongly submitted that the Bharat Coking Coal Limited has no office at 4, Hungerford Street, Kolkata which has been cited by the petitioner in order to bring this case within the jurisdiction of this Court. 5. The respondents have asserted and the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bundle of facts which gives rise to a right or liability. In that case the fire broke out at Ambala. The insurance policy was taken at Ambala and the claim for compensation was also. Jeat Ambala. As such no part of the cause of action arose in Chandigarh. The Supreme Court had approved the view taken by this Court in the case of IFB Automotive Seating and System Limited v. Union of India AIR 2003 Cal 80 in that case the division bench of this Court had held that the relief as prayed for could not be granted by this Court. One of the arguments in that case made by the Supreme Court in the case of Sonic Surgical (Supra), was that one of the branch offices was at Chandigarh and hence complaint could have been filed in Chandigarh as well. The S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iscretion cannot be used in favour of a party which deliberately invoke the jurisdiction of a Court which has no jurisdiction whatsoever. That would only encourage such type of litigations. 9. The question of cause of action also came for consideration before the Supreme Court in the case of Eastern Coal Fields Limited and others v. Kalyan Banerjee (2008) 3 SCC 456 it has been held after consideration of several cases that cause of action for the purposes of Article 226(2) of the Constitution of India for all intent and purport must be assigned the same meaning as envisaged under section 20(c) of the Code of Civil Procedure. It mean a bundle of facts which were required to be proved but the entire bundle of facts pleaded need not constit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... various other cases the Supreme Court held that in view of the decision of the High Court that the entire cause of action arose in Mugma area within the state of Jharkhand only because the head office of the respondent company is situated within the state of West Bengal the same will not confer any jurisdiction upon the Calcutta High Court when the head office had nothing to do with the order of punishment passed against the employee. 10. In the case of Union of India and others v. Adani Exports limited and another AIR 2002 SC 126, the Supreme Court had clearly held that in order to confer jurisdiction on a Court to entertain a writ petition the High Court must be satisfied from the entire facts pleaded in respect of the cause of action ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t he has prayed for an order directing the respondents to set aside the order of dismissal served upon him and restraining the respondents from taking any step in furtherance thereof. He has also prayed for quashing of the charge-sheet and the ex parte enquiry proceedings. Thus one thing is clear that all the directions he had prayed for is with regard to the events occurring within the state of Jharkhand. Whether the respondent No. 2 had any colliery in West Bengal is not material. Merely because the appointment letter was issued from the state of West Bengal will not confer jurisdiction upon this Court to entertain the writ petition. We have seen that the Supreme Court and this Court has repeatedly stressed that every fact pleaded in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
