1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.2801/2009 (Sangita Ashok Patil and Ors. Vs. Bhavesh Chavan and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.NB Suryawanshi, Advocate for appellants; Mr. Ujjwal S.Patil, Advocate for Respondent nos. 1 & 2. ___ CORAM : K.U.CHANDIWAL, J. DATE : 20 th January, 2010. ... 1) Heard Mr.NB Suryawanshi for appellant and Mr. US Patil for Respondent nos. 1 & 2. 2) The appellants feel aggrieved by the order of rejection of Claim Petition under Workmen’s Compensation Act, being WCA No.4/2008, by order dated 19.6.2009. The learned Judge, while framing the Issue No.3 about the jurisdiction, observed, that all the actions in the matter have taken place at Jalgaon, however, the Claim Petition is lodged at Dhule, he gave reference to Section 21 of the Workmen’s Compensation Act, wherein the contingency of lodging the claim is detailed. 3) The learned Judge incidentally also proceeded to decide the claim on merits 2 and rejected it. 4) At this stage of the matter, without much dissecting to the conduct of the learned Judge in deciding the matter on merits, though he was consciously aware that he could not do so in the light of bar of jurisdiction in terms of Section 21, the findings of the learned Judge,negativing the claim of the appellants herein are set aside with following directions. 5) The appeal is allowed. The application WCA No.4/2008 lodged by th appellants/claimants before the learned Commissioner for Workmen’s Compensation and Judge, Labour court, Dhule, be transferred to the learned Commissioner under Workmen’s Compensation Act, Jalgaon. 6) The learned Commissioner at Jalgaon shall decide the matter expeditiously within a year from receiving the record on its own merits uninfluenced by the observations recorded by the learned Commissioner and Judge at Dhule while deciding the WCA No.4/2008 dated 19.6.2009. 7) No costs. (K.U.CHANDIWAL) JUDGE bdv/fa2801.09