Hon’ble Amitava Lala, J.—This appeal has been heard on informal papers by consent of the parties even at the stage of admission. The parties at variance contended before this Court with regard to first proviso to Section 21 of the Workmen’s Compensation Act, 1923 as follows :

"21. Venue of proceedings and transfer.—[(1) Where any matter under this Act is to be done by or before a Commissioner, the same shall, subject to the provisions of this Act and to any rules made hereunder, be done by or before the Commissioner for the area in which—

(a) the accident took place which resulted in the injury; or

(b) the workman or in case of his death, the dependant claiming the compensation ordinarily resides; or

(c) the employer has his registered office :

Provided that no matter shall be proceeded before or by a Commissioner, other than the Commissioner having jurisdiction over the area in which the accident took place, without his giving notice in the manner and prescribed by the Central Government to the Commissioner having jurisdiction over the area and the State Government concerned :

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2. Sri Amit Manohar, learned Counsel appearing in support