Case: Nawal Kishore Sharma Vs. Union Of India

2. Aggrieved by the judgment and order dated 16.4.2013 passed by learned Single Judge of Patna High Court dismissingwrit petition for want of territorial jurisdiction, this appeal by special leave has been preferred by the appellant, who in November, 1988 had joined the off-shore Department of the Shipping Corporation of India (in short,) and after about eight years he was transferred from the off-shore duty to a main fleet in the Foreign Going Department.3. It is the case of the appellant that he was found medically fit in the medical test conducted by the Marine Medical Services in February, 2009 and thereafter, on 29.9.2009, an agreement known as the articles of agreement for employment of seafarers was executed foroff-shore duty. On 18.6.2010, when the appellant reported sickness i.e. cough, abdominal pain, swelling in leg and difficulty in breathing, he was sent for medical treatment ashore at Adani, Mundra Port. The Medical Officer ashore advised him for admission in the Hospital and accordingly he was signed off for further medical treatment. Thereafter, he was considered permanently unfit for sea service due to dilated cardiomyopathy (heart muscle disease) as per certificate dated 18.3.2011 issued byAssistant Medical Officer. Consequently, the Shipping Department of the Government of India, Mumbai issued order dated 12.4.2011 cancelling registration of the appellant as a Seaman.4. It is contended by the appellant that after he settled at his native place Gaya, Bihar, he sent several letters/ representations from there to the respondents for his financial claims as per statutory provisions and terms of contract. On the disability compensation claim, Respondent no.2-Corporation communicated vide letter dated 7.10.2011 that since the appellant was declared unfit for sea service due to heart problem (organic ailment) he will be entitled to receive severance compensation of Rs.2,75,000/-, which was although offered, but not accepted by the appellant. It was also informed that he is not entitled to receive disability compensation, which becomes payable only in case a seaman becomes incapacitated as a result of the injury.5. By filing a writ petition, the appellant approached Patna High Court under Article 226 of the Constitution of India for grant of various reliefs including 100% disability compensation and pecuniary damages. However, at the time of hearing, respondents raised the question of maintainability of the writ petition on the ground that no cause of action or even a fraction of cause of action arose within the territorial jurisdiction of the Patna High Court and contended that the appellant was appointed by the Corporation on the post of Seaman for off-shore services and he discharged his duty outside the territory of the State of Bihar. It is the case of the respondent that the order declaring the appellant permanently unfit as well as the letter/order dated 7.10.2011 was passed by an authority of the respondent Corporation at Mumbai. Per contra, it is the case of the appellant that he is a permanent resident of Bihar and he asserted his rights in the State of Bihar and all communications with respect to rejection of his claims were made at his residential address in the State of Bihar.6. After hearing learned counsel appearing for the parties and considering entire materials on record, learned Single Judge of the Patna High Court dismissed the writ petition of the appellant holding that no cause of action, not even a fraction of cause of action, arose within its territorial jurisdiction. Hence, the present appeal by special leave.

Reasoning:
11. On a plain reading of the amended provisions in Clause (2), it is clear that now High Court can issue a writ when the person or the authority against whom the writ is issued is located outside its territorial jurisdiction, if the cause of action wholly or partially arises within theterritorial jurisdiction. Cause of action for the purpose of Article 226 (2) of the Constitution, for all intent and purpose must be assigned the same meaning as envisaged under Section 20(c) of the Code of Civil Procedure. The expression cause of action has not been defined either in the Code of Civil Procedure or the Constitution. Cause of action is bundle of facts which is necessary for the plaintiff to prove in the suit before he can succeed.Regard being had to the discussion made hereinabove, there cannot be any doubt that the question whether or not cause of action wholly or in part for filing a writ petition has arisen within the territorial limit of any High Court has to be decided in the light of the nature and character of the proceedings under Article 226 of the Constitution. In order to maintain a writ petition, the petitioner has to establish that a legal right claimed by him has been infringed by the respondents within the territorial limit of thejurisdiction.20. We have perused the facts pleaded in the writ petition and the documents relied upon by the appellant. Indisputably, the appellant reported sickness on account of various ailments including difficulty in breathing. He was referred to hospital. Consequently, he was signed off for further medical treatment. Finally, the respondent permanently declared the appellant unfit for sea service due to dilated cardiomyopathy (heart muscles disease). As a result, the Shipping Department of the Government of India issued an order on 12.4.2011 cancelling the registration of the appellant as a seaman. A copy of the letter was sent to the appellant at his native place in Bihar where he was staying after he was found medically unfit. It further appears that the appellant sent a representation from his home in the State of Bihar to the respondent claiming disability compensation. The said representation was replied by the respondent, which was addressed to him on his home address in Gaya, Bihar rejecting his claim for disability compensation. It is further evident that when the appellant was signed off and declared medically unfit, he returned back to his home in the District of Gaya, Bihar and, thereafter, he made all claims and filed representation from his home address at Gaya and those letters and representations were entertained by the respondents and replied and a decision on those representations were communicated to him on his home address in Bihar. Admittedly, appellant was suffering from serious heart muscles disease (Dilated Cardiomyopathy) and breathing problem which forced him to stay in native place, wherefrom he had been making all correspondence with regard to his disability compensation. Prima facie, therefore, considering all the facts together, a part or fraction of cause of action arose within the jurisdiction of the Patna High Court where he received a letter of refusal disentitling him from disability compensation.21. Apart from that, from the counter affidavit of the respondents and the documents annexed therewith, it reveals that after the writ petition was filed in the Patna High Court, the same was entertained and notices were issued. Pursuant to the said notice, the respondents appeared and participated in the proceedings in the High Court. It further reveals that after hearing the counsel appearing for both the parties, the High Court passed an interim order on 18.9.2012 directing the authorities of Shipping Corporation of India to pay at least a sum of Rs.2.75 lakhs, which shall be subject to the result of the writ petition. Pursuant to the interim order, the respondent Shipping Corporation of India remitted Rs.2,67,270/- (after deduction of income tax) to the bank account of the appellant. However, when the writ petition was taken up for hearing, the High Court took the view that no cause of action, not even a fraction of cause of action, has arisen within its territorial jurisdiction.22. Considering the entire facts of the case narrated hereinbefore including the interim order passed by the High Court, in our considered opinion, the writ petition ought not to have been dismissed for want of territorial jurisdiction. As noticed above, at the time when the writ petition was heard for the purpose of grant of interim relief, the respondents instead of raising any objection with regard to territorial jurisdiction opposed the prayer on the ground that the writ petitioner-appellant was offered an amount of Rs.2.75 lakhs, but he refused to accept the same and challenged the order granting severance compensation by filing the writ petition.