Research › Search › Judgment

Rajasthan High Court · body

2017 DIGILAW 1643 (RAJ)

VARUN CONITEX PVT. LTD. v. STATE OF RAJASTHAN

2017-07-25

SANJEEV PRAKASH SHARMA

body2017
ORDER : Sanjeev Prakash Sharma, J. 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 & 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. 4. It is submitted that the petitioner opposed such a prayer but the transfer the case to Etawah exercising powers under Section 21(2) of the Workmen's Compensation Act, 1923. Learned counsel for the petitioner has taken this Court to the Provisions contained under Section 21(2) of the provisos thereof which are being quoted as under:- "21. Venue of Proceedings and transfer : (1) ........ (2) If a commissioner is satisfied (that any matter arising out of any proceedings pending before him). Can be more conveniently dealt with by any other Commissioner, whether in the same State or not, he may, subject to rules made under this Act, order such matter to be transferred to such. Venue of Proceedings and transfer : (1) ........ (2) If a commissioner is satisfied (that any matter arising out of any proceedings pending before him). Can be more conveniently dealt with by any other Commissioner, whether in the same State or not, he may, subject to rules made under this Act, order such matter to be transferred to such. Other Commissioner either for report or for disposal, and if he does so shall forthwith transmit to such other Commissioner all documents relevant for the decision of such matter and, where the matter is transferred for disposal, shall also transmit in the prescribed manner any money remaining in his hands or invested by him for the benefit of any party to the proceedings : (Provided that the Commissioner shall not, where any party to the proceedings has appeared before him, make any order of transfer relating to the distribution among dependents of a lump sum without giving such party an opportunity of being heard:) Provided (further) that no mater other than a matter relating to the actual payment to a workman or the distribution among dependents of a lump sum shall be transferred for disposal under this sub-section to a Commissioner in the same State save with previous sanction of the State Government or to a Commissioner in another State save with the previous sanction of (the State Government of that State), unless all the parties to the proceedings agree to the transfer." 5. In view of the above learned counsel submits that prayer sanction from the State where is being case sought to be transferred as well as agreement of both the parties was required and as no consent was submitted by the petitioner, the transfer was illegal and liable to be quashed. 6. No one appearance on behalf of the respondents, a look at second proviso under Section 21(2) of the Workmen's Compensation Act, 1923, it existed at the time in the year 1995 and has been consequential omitted only w.e.f. 01.10.1996, shows that the case can be transferred by the Commissioner to another State say with the provisions sanction of the State Government of that State and also when all the parties to the proceedings agree for such transfer. 7. In view of the above, the order dated 08.12.1998 is liable to be set aside and is accordingly set aside. 8. 7. In view of the above, the order dated 08.12.1998 is liable to be set aside and is accordingly set aside. 8. While admitting this writ petition the Court had stayed the operation of order dated 08.12.1998. However, It is informed by learned counsel that the Workmen Compensation Commissioner, Alwar has not proceeded further with the claim case which has resulted in the claim case pending for last 28 years under this Court vide order dated 11.07.2017 had directed the Commissioner, Alwar to remain present to explain as to why the case was kept pending. However, On 18.07.2017 he was not present in the Court, the case was posted for 20th and then posted for today but the Workmen Compensation Commissioner, Alwar did not present himself before this court. The Additional Advocate General Shri Anurag Sharma was called he informed through the information given to him by Additional Labour Commissioner, Alwar has been unwell for last 10 days. 9. Keeping in view this Court exempts the personal appearance of Workmen Compensation Commissioner, Alwar, however, the Labour Court is directed to initiate enquiry and as to why the claim case remain pending for last 20 years. 10. It is now directed to the Workmen Compensation Commissioner, Alwar to decide the claim case No.135/1998 Girand Singh & Others v. Varun Conitex Pvt. Ltd. within period of four months from today. Copy of the order shall be sent by the Registry for compliance. Compliance report shall be submitted by the Commissioner to the Registrar, High Court accordingly. The writ petition is allowed.