Civil Writ Petition No.7439 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.7439 of 2011 Date of Decision:28.04.2011 M/s Shanti Construction Company and another ......Petitioners Versus State of Punjab through Principal Secretary, Deptt. of Labour and others .....Respondents CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. Present: Mr.Surjit Singh Chauhan, Advocate, for the petitioners. **** M EHINDER S INGH S ULLAR , J.(oral) The challenge in this writ petition is to the order dated 25.01.2011 (Annexure P-1), by virtue of which, the application of the petitioners for transfer of the claim petition from the court of Workmen Compensation Commissioner- cum-Assistant Labour Commissioner, Rajpura, to the Workmen Compensation Commissioner, Mohali or Chandigarh, was rejected by respondent No.1, the operative part of which is, as under:- “On examination of file of the Labour and Conciliation Officer, Rajpura, it is noticed that the application of the management was rejected by Sh.D.C.Bansal, the then Assistant Labour Commissioner, Patiala, vide his order dated 19.02.2007. Now the Labour and Conciliation Officer, Rajpura is Sh.Balwinder Singh Rangi and Sh.Harjinder Bhardwaj was not specified what kind of distressed he has not in Sh.Balwinder Singh Rangi. It is also necessary to state here that the application of Sh.Harjinder Bhardwaj was rejected by Sh.D.C.Bansal vide order dated 19.09.2007, whereas, the application to transfer the case has been filed on 10.01.2010, from which it is established that Sh.Harjinder Bhardwaj has filed the transfer application after about two and a half years of rejection of his application. Civil Writ Petition No.7439 of 2011 2 In view of above, this office is of the view that the case may not be transferred and if approved, the present Labour and Conciliation Officer, Rajpura, may be directed to deal this case on priority basis.” 2. Meaning thereby, the petitioner has sought the transfer of the case from the court of Sh.D.C.Bansal, the then Assistant Labour Commissioner, who was stated to have rejected his application, for impleading Sh.Harjinder Singh Lal, as a necessary party. Once, Sh.D.C.Bansal has already been transferred and Sh.Balwinder Singh Rangi has assumed the charge of the Assistant Labour Commissioner, then the ground to transfer the case ceased to exist. The Additional Labour Commissioner has rightly declined the application of the petitioner to transfer the case vide impugned order(Annexure P-1). Learned counsel for the petitioner has miserably failed to make out a ground for transfer of the claim petition in this relevant connection. 3. In the light of aforesaid reasons, as there is no merit, therefore, the instant writ petition is hereby dismissed in the obtaining circumstances of the case. April 28, 2011 (MEHINDER SINGH SULLAR) seema JUDGE