SUKHAI Vs. UNION OF INDIA
LAWS(ALL)-2005-4-164
HIGH COURT OF ALLAHABAD
Decided on April 28,2005

SUKHAI Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

VINEET SARAN, J. - (1.) HEARD learned Counsel for the petitioner as well as Sri Madhur Prakash, learned Counsel appearing for the contesting respondent Nos. 2 to 5 and have perused the record.
(2.) THE petitioner was initially appointed on a Class IV post in Bharat Coking Coal Limited in the year 1965. On attaining the age of superannuation, he retired from the service on 5 -4 -1995. He has filed this writ petition with a prayer for a direction in the nature of mandamus commanding the respondents to pay him all his retiral benefit including gratuity, provident fund, pension etc. which he may be found entitled to after his retirement on 5 -4 -1995, regarding which, the petitioner claims that he has been sending representations to the respondent -Company from time to time. A preliminary objection has been raised by Sri Madhu Prakash, learned Counsel for the contesting respondents that this Court does not have territorial jurisdiction to entertain this writ petition. He has submitted that undisputedly the petitioner was initially appointed by the Respondent -Bharat Coking Coal Limited in district Dhanbad (in the State of Jharkhand) and has also retired from Bharat Coking Coal Limited, Barari Colliery, P.O. Bhullani Barari, Dhanbad (Jharkhand). It has been submitted that the cause of action could only be said to have arisen in Dhanbad, which falls in the State of Jharkhand.
(3.) LEARNED Counsel for the petitioner has submitted that since after his retirement, the petitioner has settled down in Azamgarh, which is in the State of U.P., from where the petitioner has been sending representations to the respondents -Company with regard to his grievances made in this writ petition, hence in view of judgment of this Court rendered in the case of State of Madhya Pradesh and Ors. v. Bhaskar Dutt Misra and Ors., 1986 Allahabad Weekly Cases 295, this Court would have jurisdiction to entertain this writ petition.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.