1. The petitioners herein have prayed for issuance of a direction to transfer Fatal Workmen Compensation Misc. Application No. 11 of 2010 pending before the Workmen Compensation Commissioner at Dahod to Workmen Compensation Commissioner at Surat.
2. Mr.
Manav Mehta, learned advocate for the petitioners stated that the petitioners are engaged in the business of construction and employ daily labourers for getting their work done among which the deceased Ramtiben Revjibhai Bariya was one. He submitted that the petitioners being contractors, handling various Government sites as well, are not in a position to travel on each and every occasion to Dahod and as the Labour Welfare Commissioner at Surat has jurisdiction to entertain the grievances made by the respondents, the proceedings may be transferred to competent authority at Surat. He submitted that even otherwise the incident had taken place at Surat.
3. Mr.
P.C. Chaudhari, learned advocate for the respondents submitted that the respondents being labourers shall not be in a position to travel all the way to Surat from Dahod. He however could not controvert the fact that the cause of action has arisen at Surat.
4. Heard learned advocates for both the sides and perused the papers on record. It is an admitted position that the cause of action is at Surat. The petitioners have agreed to pay for the expenses incurred by the respondents in attending the proceedings at Surat and therefore this Court is of the view that it shall be in the interest of justice to direct the proceedings to be transferred before the competent authority at Surat on certain conditions. Accordingly, the following order is passed:
The Fatal Workmen Compensation Misc. Application No. 11 of 2010 pending before the Workmen Compensation Commissioner at Dahod is hereby transferred to Workmen Compensation Commissioner at Surat The petitioners shall bear the expenses of travel of the present respondents by S.T. bus/train (general class) from Dahod to Surat.
The petitioners shall also bear the misc. expenses like tea and lunch for the respondents and shall also pay the respondents reasonable compensation for the day.
The competent authority at Surat shall hear the matter on a day to day basis and shall decide the same as expeditiously as possible preferably within a period of eighteen(18) months from the date of receipt of the writ of this Court.
The amount of Rs. 1500/- deposited by the petitioners before this Court shall be paid to the respondents by way of Account Payee Cheque issued in the name of Shri Revjibhai Thavarabhai Bariya- the husband of the deceased-respondent no. 1.2.1 herein. The same shall be treated as costs of the present proceedings.
5. The petition is allowed accordingly.
(K.S.
JHAVERI, J.) Divya// Top