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2011 DIGILAW 1559 (PAT)

Most. Ram Sundari Devi v. Bihar State Electricity Board Through Its Chairman, The General

2011-07-27

AHSANUDDIN AMANULLAH, T.MEENA KUMARI

body2011
JUDGEMENT Ahsanuddin Amanullah, J. 1. Heard learned Counsel for the Appellant as well as learned Counsel appearing for the Respondent Bihar State Electricity Board. 2. This Letters Patent Appeal has been filed against the order dated 7.3.2008 passed in C.W.J.C. No. 4174 of 2001 (Bihar State Electricity Board and Anr. v. The State of Bihar and Ors.) along with another analogous cases. The Respondents in the present Appeal has filed their representations against the order of the Deputy Labour Commissioner-Cum- Commissioner under the Workmens Compensation Act which had awarded fine as well as payment of interest against the employer along with allowing the prayer for compensation to the Appellant. After hearing the parties, the writ petition came to be disposed off by which the matter was remitted to the Deputy Labour Commissioner for fresh hearing holding that the Bihar State Electricity Board had not been given adequate opportunity to place its case. 3. Being aggrieved by the said order the Appellant has filed the present Letters Patent Appeal and it is urged by learned Counsel for the Appellant that there was a statutory remedy of Appeal under Section 30 of the Workmens Compensation Act, but the same was not availed and the Respondents filed the representation with oblique motive in as much as they wanted to circumvent the statutory provision with regard to deposition of certain amount of the award while filing of the Appeal. He also points out that by order dated 21.10.2008, this Court while admitting the Appeal had taken note of such submission and had found substance in the same. 4. After hearing the parties, we are inclined to accept the submission of learned Counsel for the Appellant in as much as the Respondent Bihar State Electricity Board ought to have filed the statutory appeal under Section 30 of the Workmens Compensation Act and at the first instance, ought not to have moved before this Court under writ jurisdiction. 5. Considering the facts and circumstances of the case, this Appeal is allowed and the order of the learned Single Judge is set aside. However liberty is given to the Bihar State Electricity Board to move in Appeal under Section 30 of the Workmens Compensation Act in accordance with law. 5. Considering the facts and circumstances of the case, this Appeal is allowed and the order of the learned Single Judge is set aside. However liberty is given to the Bihar State Electricity Board to move in Appeal under Section 30 of the Workmens Compensation Act in accordance with law. If there is any statutory limitation for the same, the Board may file an adequate application for condonation of delay in which it may take various grounds including the 4 fact that the case was pending before this Court for a long time.