Asstt. Engineer (O&M) R. S. E. B. , Hanumangarh v. Director General E. S. I.
1999-02-09
AMRESH KUMAR SINGH
body1999
DigiLaw.ai
Honble SINGH, J.–Heard the learned counsels for the parties. (2).The applicants have moved an application under Sec.24 of the Code of Civil Procedure with prayer that Civil Misc. Case No.8/95 Assistant Engineer (O&M), Hanumangarh Junction vs. Director General, ESI Corporation and another, be transferred from the court of Civil Judge (SD), Hanumangarh to learned Civil Judge (SD), Sriganganagar. (3). The only ground for moving this application is that Civil Misc. Case, which is sought to be re-transferred to the court of Civil Judge (SD), Sriganganagar, was originally instituted in the court of Civil Judge (SD), Sriganganagar and that court had the jurisdiction to entertain and decide the suit by virtue of notification issued under Sec.74 of the Employees State Insurance Act, 1948. Subsequently, a separate district of Hanumangarh was created, therefore, all the cases pertaining to Hanumangarh district were transferred from the court of Sriganganagar to courts of Hanumangarh. The cases which were transferred to the courts of Hanumangarh including the misc. case under consideration, it is alleged by learned counsel for the applicant that learned Civil Judge (Senior Division), Hanumangarh does not have the jurisdiction under Sec. 74 of the ESI Act, as no notification has been issued by the State Government, empowering the Civil Judge (Senior Division), Hanumangarh to take cognizance of the cases under the ESI Act, 1948. (4). I have carefully considered the submissions made by learned counsel for the applicants. Section 24 of the Code of Civil Procedure empowers the High Court or the District Court to transfer a suit, appeal or other proceedings pending before it for trial or disposal, to any court subordinate to it and competent to try and dispose of the same. In other words, the transferee court must be a court of competent jurisdiction. If the court to which the suit, appeal or other proceedings is transferred is not competent to try and dispose of the same then the transfer order would not be in accordance with Sec.24 of the Code of Civil Procedure. (5). In the instant case, it appears that the Civil Misc. Case No. 8/95- Assistant Engineer (O&M), Hanumangarh Junction vs. Director General, ESI Corporation and another, has been transferred to the court of Civil Judge (Senior Division), Hanum- angarh without considering whether the Court of Civil Judge (Senior Division), Hanumangarh is competent to try and dispose of the same.
(5). In the instant case, it appears that the Civil Misc. Case No. 8/95- Assistant Engineer (O&M), Hanumangarh Junction vs. Director General, ESI Corporation and another, has been transferred to the court of Civil Judge (Senior Division), Hanum- angarh without considering whether the Court of Civil Judge (Senior Division), Hanumangarh is competent to try and dispose of the same. The proper course in the circumstances of the case would be either to move an application before the learned District Judge, Sriganganagar to re-consider whether the order of transfer of the case to the court of Civil Judge (Senior Division), Hanumangarh need be re- called on the ground that Civil Judge (Senior Division), Hanumangarh has no jurisdiction to try and dispose of the case in view of provisions contained in Sec. 74 of the ESI Act; or to move an appropriate application in respect of that order before this Court. (6). This petition is disposed of accordingly.