- (1.) THIS petition has been preferred for getting finalization of pension, payment of arrears of pension and payment of arrears of difference of salary, on the basis of New Coal Wages Agreement.
(2.) COUNSEL for the respondents submitted that the petitioner had served with the respondents at the State of West Bengal. He was residing at West Bengal, during service period. All respondents are of the State of West Bengal. No respondent is within the State of Jharkhand. Merely because, the petitioner has shifted, after retirement in this State, this High Court has no territorial jurisdiction. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that the present petitioner was working with respondent no. 4 as "Underground Loader" at Madhabpur Colliery/ Kaj. Area, Eastern Coalfields Ltd., Asansol (West Bengal), and superannuated on June 29, 1998. It is submitted by the learned counsel for the petitioner that after retirement, petitioner has shifted to the State of Jharkhand and, therefore, this petition is tenable before this Court, whereas, counsel for the respondents submitted that no cause of action has arisen here and, therefore, this petition is not tenable at law, within the State of Jharkhand.
(3.) ST has been contended by the learned counsel for the petitioner in paragraph no. 4 as well as in paragraph no. 11 as under: '' "4. That the petitioner is a citizen of India and resides within the territorial jurisdiction of this Hon ble Court and entitled to protection of fundamental rights guaranteed under Constitution of India." "11. That the petitioner states and submits that although the cause of action arose within the jurisdiction of Kolkata High Court but the petitioner resides within this High Court." ;