1981 LAB. I. C. 833 ::(1982) 2 ServLR 475

Allahabad High Court

Hon'ble Judge(s): Hari Swarup , J

Civil P. C. (5 of 1908) , S.20— Place of Institution of suit - Dismissal order served on employee of Maharashtra Government at his home in Pratapgarh - Suit filed in Pratapgarh court - That court has jurisdiction to entertain suit. 1978 Lab IC 448 (All), Distinguished;AIR 1969 Cal 224 and AIR 1965 All 590 (FB), Explained; AIR 1937 All 208, (1873) 8 CP 107, (1894) ILR 16 All 165 (FB) and (1889) ILR 16 Cal 98 (PC), Referred. (Para 9) Where a dismissal order is served on an employee of the Maharashtra Government at his home address in Pratapgarh, such order could take effect only on the date of its service. Therefore its service is a necessary cause of action in the transaction. AIR 1966 SC 1313, Followed.(Para 4) When a suit is filed against such order in the Pratapgarh civil court, to determine if the suit is cognisable by that court, what the defence will be is wholly immaterial because if the cause of action has arisen in Pratapgarh, by reason of S. 20 (c) the suit will be maintainable in Pratapgarh. Whether the defendant will deny or admit a fact cannot be the determining factor for the plaintiff in selecting the forum for the suit. The employee cannot expect or presume that the defendant will admit the date of service of the dismissal order. Cause of action for....