SANJEEV PRAKASH SHARMA,J. - (1.) The petitioner by way of this writ petition has assailed the order dated 18.12.1998 whereby the Commissioner under the Workmen's Compensation Act, Alwar has transferred case No.10/1994-95 Girand Singh and Others v. Varun Conitex Pvt. Ltd. from Alwar to Etawah (UP) .
(2.) Contention of the petitioner is such an order of transfer under Section 21(2) of Workmen's Compensation Act, 1923 could not have been passed without previous consent of both the State Governments as well as without the agreement of all the charges to the case.
(3.) It is submitted that the respondent had filed earlier case before the Workmen Compensation Commissioner at Etawah. The petitioners had challenged the jurisdiction of Workmen Compensation Commissioner, Etawah preferred a writ petition before the Allahabad, High Court. The Allahabad, High Court vide its order dated 18.04.1996 decided the further writ petition No.12506/1996 and directed the Commissioner, Etawah to decide the issue relating to jurisdiction as a preliminary issue. The Workmen Compensation Commissioner, Etawah vide its decision dated 29.05.1998 held the jurisdiction of Workmen Compensation Commissioner, Alwar to decide the case and it is only thereafter that the matter was taken up before the Workmen Compensation Commissioner, Alwar has claimed case No.135/1998. An application was moved by the respondents LRs of the deceased workman praying for transferring the case to Etawah on account of their transfer.;