2013 (6) TMI 929 - HC - Indian Laws

Summary

Issues involved:
The issues involved in this judgment are the territorial jurisdiction of the court to entertain a writ petition challenging an order of dismissal issued by an authority in a different state, and the determination of cause of action based on the facts pleaded in the petition.

Territorial Jurisdiction:
The petitioner challenged the order of dismissal issued by the Agent of a colliery in Jharkhand, while the petitioner was employed in Bengal. The respondents contended that the entire cause of action arose in Jharkhand, where the charge-sheet was issued, the enquiry conducted, and the dismissal executed. The Supreme Court emphasized that the location of the head office of the respondent company in Bengal did not confer jurisdiction on the Calcutta High Court, as it had no relevance to the order of punishment against the employee. Therefore, the Court held that it lacked jurisdiction to entertain the petition.

Cause of Action:
The Supreme Court clarified that the cause of action must be based on a bundle of facts giving rise to a right or liability. In this case, the petitioner's actions, the charge-sheet, the enquiry, and the dismissal all occurred in Jharkhand. The relief sought by the petitioner pertained to events within Jharkhand, making the location of the respondent's office in Bengal immaterial. The Court reiterated that every fact pleaded in the petition must have a nexus with the reliefs sought for. The petitioner's reference to a judgment regarding the appellate authority's office in Bengal was deemed inconsequential, as the petitioner was not challenging that authority's decision. As a result, the Court dismissed the petition for lack of jurisdiction.

Conclusion:
The Court dismissed the writ petition due to lack of jurisdiction, as the cause of action and events leading to the dismissal occurred in Jharkhand, despite the petitioner's employment being in Bengal. The judgment emphasized the importance of establishing a clear nexus between the facts pleaded and the reliefs sought in determining territorial jurisdiction for entertaining a writ petition challenging an order of dismissal.