Ashim Kumar Banerjee, J. - (1.) This appeal was heard by us on November 15, 2006 when after perusing the judgment and order under appeal we were greatly embarrassed after going through some of the observations of His Lordship made in the judgment. We requested three stalwarts of this Court at the bar to address us only on the observations of His Lordship to be discussed hereinafter. Accordingly we adjourned the matter and heard the same on the next date i.e. on November 29, 2006. We, with due respect and gratitude record our deep appreciation for the assistance rendered to us by Mr. Moitra, Mr. Moitra and Mr. Mukherjee, three eminent Counsel of this Court.
(2.) The writ petitioner/respondent No. 1 was an employee of Eastern Coal Fields Limited being a subsidiary of Coal India Limited. Eastern Coal Fields Limited has its registered office within the State of West Bengal so as the holding company. Respondent No. 1, however, was working in Mugma Colliery in the district of Dhanbad in the State of Jharkhand. While he was working in the said colliery he was proceeded with departmentally and ultimately suffered an order of dismissal. The entire cause of action arose outside the State of West Bengal as the respondent No. 1 was proceeded with departmentally at Dhanbad and he was dismissed by his disciplinary authority at Dhanbad. The order of dismissal was made a subject-matter of challenge in the writ petition. In support of such contention Mr. Majumdar relied on an unreported decision of the Division Bench of this Court in F.M.A. No. 581 of 1999 where in an identical situation the Division Bench held that this Court had no jurisdiction to entertain the writ petition.
(3.) The relevant extract of the Division Bench decision so referred to by His Lordship in His Lordship's judgment is quoted below: "As per the three Apex Court decisions, referred to above, cause of action is decisive of the matter for acquiring territorial jurisdiction to decide the matter. Simply because the head office of the company is at Calcutta is not decisive of the matter as held in the case of Oil & Natural Gas Commission vs. Utpal Kumar Basu (supra) because that would not give a cause of action to the party. Cause of action is a bundle of facts which decides the territorial jurisdiction of the Court, if any of the cause of action has arisen to the party within the jurisdiction of Calcutta High Court then the High Court at Calcutta will have jurisdiction to decide the matter, simply because a head office of the company is within the territorial limits of the Calcutta High Court, that will not give jurisdiction to the Calcutta High Court unless cause of action arises within the territorial jurisdiction of Calcutta High Court.";