Petition dismissed due to lack of territorial jurisdiction: The High Court of Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 14.06.2021 W.P.5930 2021 & CMs No. 18703 04 2021 FOOD CORPORATION OF INDIA SHRAMIK UNION Through: Mr.R.M.Sinha and Mr.P.M.Sinha UNION OF INDIA & ORS. Through: Mr. Om Prakash SC with Mr.Pradeep Kumar Tripathi and Mr. Anil Kapoor Advs. Respondent No.2 & 3 FCI HON BLE MR. JUSTICE NAVIN CHAWLA HON BLE MS. JUSTICE ASHA MENON NAVIN CHAWLA J.This petition has been heard through video conferencing. This petition has been filed by the petitioner with the following prayers: the above stated “In view of facts and circumstances of the case it is most humbly prayed that this hon ble court may kindly be pleased to issue a writ of mandamus certiorari and or any other appropriate writ or directions i) En bloc 246 departmental labourers of FSD Narayanpur Anant Muzaffarpur (ii) En bloc 61 labourers of ARDC Jamui Bihar to any other the respondent nos.2 & 3 W.P.5930 2021 depot with a view to substitute them with contract labourers under the mandate of guidelines dated 12.07.2016 and 31.12.2020 issued by the FCI challenged by way of writ petitionsno. 5449 of 2021 act 1970 Challenged vide Writ Petitionno. 6192 2016 writ petition bearing No. 7627 2016 and Writ Petition No. bearing 7241 2016 pending in this Hon ble court) and in addition to above 13 1 2021 e tend nit dated 19.05.2021 for the appointment of contractor and all the proceedings initiated in furtherance thereof and pursuant tender notice no.S&c thee — Such other or and further orders may also be passed in favour of the petitioners and against the respondents as this Hon ble Court may deem fit and proper under the present circumstances of the case.” As is evident from the above the petitioner challenges the transfer of departmental labourers posted at FSD Narayanpur Anant Muzaffarpurand labourers posted at ARDC Jamui Bihar as also the E tender dated 19.05.2021 issued by the Food Corporation of India FCI) Regional Office Patna. On the query made to the learned counsel for the petitioner that as the cause of action pleaded by the petitioner has arisen in Patna this Court would lack territorial jurisdiction for entertaining the present petition the learned counsel for the petitioner submits that the impugned action has been taken by the respondents pursuant to the Guidelines dated 12.07.2016 issued by the FCI and the challenge thereto is pending adjudication before this Court. He further submits that a similar petition challenging the transfer of labourers posted at Assam has been W.P.5930 2021 entertained by this Court in W.P. 5449 2021 titled FCI Handling Workers Union vs. Union Of India & Anr. 4. We are not impressed with the arguments made by learned counsel for the petitioner. Whether the impugned action is in terms of and as a result of the Guidelines dated 12.07.2016 issued by the FCI can only be answered by the Regional Office at Patna. As far as the prayers made in the present petition the cause of action has arisen at Patna i.e. outside the jurisdiction of this court. The reliance of the learned counsel for the petitioner on the order dated 25.05.2021 passed by this Court in W.P.(C) 5449 2021 is also ill founded inasmuch as the said petition was merely directed to be listed along with an already pending petition before this Court without answering the objection of maintainability of the petition before this Court. In fact from a reading of the order it appears that the coordinate Bench in the said petition was also prima facie not convinced with the maintainability of the petition before this Court. In view of the above the present petition is dismissed along with the pending applications leaving it open to the petitioner to agitate its claim before the Court of competent jurisdiction. There shall be no order as to costs. JUNE 14 2021 s NAVIN CHAWLA) VACATION JUDGE VACATION JUDGE W.P.5930 2021 

Summary: Being prima facie unimpressed with the maintainability of the case, the case was dismissed on the grounds of being outside the territorial jurisdiction of the court. The aforementioned was the adjudication made by the Delhi High Court in the case of Food Corporation of India Shramik Union v. Union of India [W.P. (C) 5930/2021 &amp; CMs No. 18703-04/2021] which was decided by a single judge bench comprising Justice Navin Chawla on 14th June 2021. The facts of the case are as follows. The petitioner challenged the transfer of departmental labourers posted at FSD Narayanpur Anant (NRPA), Muzaffarpur (Bihar) and labourers posted at ARDC Jamui-Bihar, as also the E-tender dated 19.05.2021 issued by the Food Corporation of India (FCI), Regional Office, Patna. The petitioners prayed before this court to issue a writ of mandamus, certiorari and/or any other appropriate writ or directions thereby prohibiting the respondents from proceeding with such a transfer. On the query made to the learned counsel for the petitioner that as the cause of action pleaded by the petitioner has arisen in Patna, this Court would lack territorial jurisdiction for entertaining the present petition, the learned counsel for the petitioner submitted that the impugned action had been taken by the respondents pursuant to the Guidelines dated 12.07.2016 issued by the FCI and the challenge thereto is pending adjudication before this Court. He further submitted that a similar petition challenging the transfer of labourers posted at Assam has been entertained by this Court in W.P. (C) 5449/2021, titled FCI Handling Workers Union v. Union of India &amp; Anr.