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HIGH COURT OF RAJASTHAN
AKIL KURESHI
RAJASTHAN MARUDHARA GRAMIN BANK – Appellant
Versus
THE APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT, 1972 – Respondent
SAW/692/2020
JURISDICTION - WRIT PETITION - CAUSE OF ACTION - [The Calcutta High Court held that it did not have jurisdiction to entertain a writ petition challenging orders passed by authorities located in Uttar Pradesh, as the entire cause of action arose within the territory of Uttar Pradesh, despite the petitioner receiving a copy of the dismissal order in West Bengal.]
Fact of the Case:
The petitioner, a Constable (GD) in the SSB, was charge-sheeted for alleged irregularities and his service was terminated after disciplinary proceedings held in Maharajganj, Uttar Pradesh. His statutory appeal was dismissed in Lucknow, Uttar Pradesh, and his second appeal was dismissed by the Inspector General of SSB in New Delhi. He challenged these orders in a writ petition before the Calcutta High Court, claiming that he received the order of dismissal of his second appeal at his residence in Cooch Behar, West Bengal.
Finding of the Court:
The court held that the entire cause of action arose in Uttar Pradesh, and the receipt of the dismissal order in West Bengal did not constitute an integral part of the cause of action. Therefore, the Calcutta High Court did not have jurisdiction to entertain the writ petition.
Issues: 1. Whether the Calcutta High Court had jurisdiction to entertain the writ petition challenging orders passed by authorities located in Uttar Pradesh. 2. Whether the receipt of the dismissal order in West Bengal constituted a part of the cause of action.
Ratio Decidendi: 1. The court relied on the principle that a High Court ordinarily should not exercise jurisdiction under Article 226 of the Constitution of India unless the whole or part of the petitioner's cause of action has arisen within its territorial jurisdiction. 2. The court held that the receipt of the dismissal order in West Bengal was not an integral part of the cause of action, as it was not necessary for the petitioner to prove this factum to succeed in the writ petition.
Final Decision: The Calcutta High Court dismissed the writ petition for lack of jurisdiction.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 561/2020 Rajasthan Marudhara Gramin Bank Jodhpur, Through Its Chairman, Head Office Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur.
----Appellant Versus
1. The Appellate Authority Under Payment Of Gratuity Act
1972, And The Deputy Chief Labour Commissioner (Central), Ajmer (Raj.)
2. Controlling Authority Under Payment Of Gratuity Act, 1972, And Assistant Labour Commissioner (Central), Ajmer (Raj.).
3. Shri Shri Krishna Kinkar Das S/o Shri Ram Chander Das, Through General Secretary, Gramin Bank, Pensioners Samity, 248, Jay Nagar, Ramdev Road, Pali (Raj.).
----Respondents Connected With D.B. Spl. Appl. Writ No. 503/2020 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan
342003.
----Appellant Versus Kheem Singh Rathore S/o Shri Sohan Singh Rathore, Through General Secretary, Gramin Bank Pensioners Samity, 248, Jay Nagar, Ramdev Road, Pali (Raj.)
----Respondent D.B. Spl. Appl. Writ No. 519/2020 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th 'b' Road, Sardarpura, Jodhpur, Rajasthan
342003.
----Appellant Versus Lalita Devi Sharma W/o Late Shri Amritlal Sharma, Through General Secretary, Gramin Bank Pensioners Samity, 248, Jay Nagar, Ramdev Road, Pali (Raj.).
D.B. Spl. Appl. Writ No. 520/2020 Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan
342003.
----Appellant Versus Sudhir Kumar Juneja S/o Shri Amarnath Juneja, Through General Secretary, Gramin Bank Pensioners Samity, 248, Jay Nagar, Ramdev Road, Pali (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 523/2020 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan
342003.
----Appellant Versus Rajendra Singh Rathore, Through General Secretary, Gramin Bank Pensioners Samity, 248, Jay Nagar, Ramdev Road, Pali (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 526/2020 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan, 342003.
----Appellant Versus Sanwar Lal Gaur, Through General Secretary, Gramin Bank Pensioners Samity, 248, Jay Nagar, Ramdev Road, Pali (Raj.)
----Respondent D.B. Spl. Appl. Writ No. 527/2020 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th 'b' Road, Sardarpura, Jodhpur, Rajasthan
342003.
Anand Singh Charan, Through General Secretary, Gramin Bank Pensioners Samity, 248, Jay Nagar, Ramdev Road, Pali (Raj.).
D.B. Spl. Appl. Writ No. 528/2020 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th 'b' Road, Sardarpura, Jodhpur, Rajasthan-
342003.
----Appellant Versus Suresh Bala Sharma W/o Late Shri B.p. Sharma, Through General Secretary, Gramin Bank Pensioners Samity, 248, Jay Nagar, Ramdev Road, Pali (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 529/2020 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan-
342003.
----Appellant Versus Shiv Shankar Dass S/o Shri Ram Chandra Dass, Through General Secretary, Gramin Bank Pensioners Samity, 248, Jay Nagar, Ramdev Road, Pali (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 535/2020 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur.
----Appellant Versus
1. The Appellate Authority Under Payment Of Gratuity Act,1972, And The Deputy Chief Labour Commissioner (Central) , Ajmer (Raj.)
2. Controlling Authority Under Payment Of Gratuity Act, 1972, And Regional Labour Commissioner (Central), Jaipur (Raj.)
3. Shri Mohan Lal Sharma S/o Shri Hari Shanker Sharma, R/o Plot No. 108, Sanganer, Jaipur 302039 (Rajasthan)
D.B. Spl. Appl. Writ No. 538/2020 Office Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur Versus
1. The Appellate Authority Under Payment Of Gratuity Act, 1972, And The Deputy Chief Labour Commissioner (Central), Ajmer (Raj.)
2. Controllin
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