GOPAL DAS AND CO Vs. REGIONAL LABOUR COMMISSIONER GOVERNMENT OF
HIGH COURT OF ALLAHABAD
GOPAL DAS AND CO
REGIONAL LABOUR COMMISSIONER GOVERNMENT OF
Referred Judgements :-
RAM KRISHNA V. FIRM HAJI JONABALLY AND ABDUL JALIL
NATIONAL SEWING THREAD CO. V. JAMES CHADWICK AND BROS. LTD.
RANJIT LAL MARIA V. VIDYA PARKASH
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(1.)THIS is an application under Article 227 of the Constitution directed against the order of the Subdivisional Magistrate Shahganj, holding that the District Magistrate, Jaunpur, could transfer the case to the Subdivisional Magistrate on the basis of the fact that the Subdivisional Magistrate, Shahganj, had the Jurisdiction to hear and decide the instant case.
(2.)THE facts leading up to this petition are these. An application was first moved on 1 December 1961 by the Inspector (the Regional Labour Commissioner) before the Subdivisional Magistrate, Jaunpur, under Section 15 (3) of the Payment of Wages Act allesing nonpayment of wages in respect of fifty-one workmen alleged to have been employed by the petitioner-firm and for compenastion due to them. The Subdivisional Magistrate, Jaunpur, entertained the application and issued notice to the petitioner-firm. This application was filed within the period of limitation. Ultimately, however, the Subdivisional Magistrate, Jaunpur, by his order dated 14 September 1962, rejected the application on the ground that he had no Jurisdiction to hear and decide the case, the dispute not having arisen in his area as required by Section 15 (3) of the Act. On 22 September 1962 the Regional Labour Commissioner, Kanpur sent another application to the District Magistrate, Jaunpur, along with, a letter praying for the condonation of the delay in the making of the application. The District Magistrate forwarded that application to the Subdivisional Magitstrate, Maldahiya, Varanasi. This Subdivisional Magistrate returned the application to the District Magistrate who again transferred it for disposal to the Subdivisional. Magistrate, Shahganj, Jaunpur. The petitioner appeared before the Subdivisional Magistrate, Shahganj, and opposed the application for condonation of the delay. The application, however, was allowed and the delay condoned. Thereupon the petitioner raised an objection that the District Magistrate had no jurisdiction to transfer the application under Section 15 (3) to the Subdivisional Magistrate, Shahganj-both of them being concurrent authorities under the provisions of the Act. This preliminary objection was decided by the impugned order dated 19 March 1964. Hence this writ petition.
(3.)SRI Yashodanandan, learned Counsel for the petitioner, has contended that when two authorities have concurrent jurisdiction no question of transfer by one to the other can possibly arise and the transfer if made is entirely without jurisdiction.
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