Regional Provident Fund Commissioner West Bengal v. Commissioner of Payments
1984-05-16
M.G.Mukherji, Mookerjee
body1984
DigiLaw.ai
Judgment 1. THIS instant appeal is directed against an order of the commissioner of Payments under the national Company Limited (Acquisition and Transfer of Undertaking) Act, 1980 (Act 42 of 1980. The Stamp Reporter appellate Side, has placed the matter before us for considering whether the appeal has been rightly presented in the appellate Side of the Court. 2. WE have heard Mrs. Sengupta for the appellant. The respondents have not appeared as yet. Under sub-section (7) of section 21 of the aforesaid Act (No. 42 of 1980) a claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against such decision of the high Court within the local limits of whose jurisdiction the registered office of the Company is situated. In the instant case the person who was appointed as the Commissioner was not a Judge of the High Court. Therefore, the proviso to sub-section (7) of section 21 of the said Act has no manner of application. 3. "HIGH Court", according to section 3 (25) of the General Clauses Act, 1897, used with reference to civil proceedings means the Highest Civil Court of appeal (not including the Supreme Court) in the part of India in which the Act or Regulation containing the expression operates. There is a long catena of decisions of this court that the expression "HIGH court" as interpreted by the General clauses Act means the High Court as a whole including the Appellate and the original jurisdictions (vide the cases of mahendra NARAIN ROY (deceased) 5 c. W. N. 377, JNAN KUMAR DAS vs. RAM kumar DAS 44 C. W. N. 258, MIHIR KUMAR gooha v. REGISTRAR of Trade UNIONS, west BENGAL 64 C. W. N. 1065. 4. WHEN a special statute provides an appeal to the High Court without indicating whether the same is to be presented in its Original or Appellate Side, such an appeal as a matter of convenience ought to be presented in the particular department or side of this Court which generally deals with the matter in dispute. Thus, B. K. Mukherjee and Roxburg, JJ. in Jnan Kumar Das v. Ram kumar Das (supra), held that in application under section 301 of the Indian succession Act in respect of a will probated in a Mofussil Court in the absence of the Rules, the procedure obtaining in the Original Side of the Court should be followed.
Thus, B. K. Mukherjee and Roxburg, JJ. in Jnan Kumar Das v. Ram kumar Das (supra), held that in application under section 301 of the Indian succession Act in respect of a will probated in a Mofussil Court in the absence of the Rules, the procedure obtaining in the Original Side of the Court should be followed. Therefore, the petition under section 301 of the Succession Act was directed to be presented in the testamentary jurisdiction of the Original Side. Under section 11 (3) of the Indian Trade Unions Act, 1927 the powers of the high Court as the appellate court are analogous to the powers which are exercised by a Judge trying a suit Therefore, Lahiri and Bachawat, JJ. in Mihir Kumar Guha v. Registrar of Trade Unions, West Bengal (supra), on grounds of convenience directed that the appeal be assigned to a Judge on the Original side to be nominated by the Chief Justice. Thus, in the absence of Rules the nature of the appellate powers are taken into consideration for deciding whether it would he convenient to hear an appeal in the Appellate Side or in the Original side of the High Court. In our view, an appeal under section 21 (7) of the National Company Limited (Acquisition and transfer of Undertaking) Act, 1980 may be more conveniently heard by Division bench of the Appellate Side. In hearing such appeals the High Court functions as the Highest civil court of appeal, Appeals provided under various Special Acts, e. g., Workmens' Compensation Act, Employees' State Insurance Act, Section 110d of the Motor Vehicles Act etc. are presented in the Appellate Side. The Division Court in the Original Side hears appeals from the judgment decree or orders of the learned Single Judges of this court. In the instant case, the Commissioner of Payments was riot a High Court judge but was subordinate in rank. Therefore, in fitness of things and consistent with the prescribed procedure for appeals provided under other special laws, the instant appeal ought to be also presented in the Appellate Side. 5. WE, therefore, direct the Stamp Reporter to register the appeal. Thereafter, the appeal would be placed for hearing under Order 41 Rule 11 of the Code of civil Procedure.