Ishwari Swarnkar @ Ishwari Prasad v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12534 of 2016 ====================================================== Ishwari Swarnkar @ Ishwari Prasad, S/o Late Shiv Nandan Prasad, resident of Village- Gurua, P.S- Gurua, District.- Gaya. .... .... Petitioner

Versus

1. The State of Bihar through the Deputy Labour Commissioner cum Commissioner, Magadh Division, Gaya, District- Gaya.

2. Chinta Devi, W/o Late Jitendra Kumar, residing at village- Konchi, P.SGuraru, District- Gaya. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Sinha, Advocate For the Respondent/s : Md. Raisul Haque, SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 12-05-2017 In view of the fact that against the impugned order dated 31.03.2016 passed in Compensation Case No. 21 of 2009, an appeal under Section 30 of the Employee's Compensation Act, 1923 is maintainable before this Court and the aggrieved petitioner has not availed the statutory remedy of appeal, I am not inclined to entertain this application in writ jurisdiction. It is dismissed, accordingly.

However, it will be open to the petitioner to seek his remedy in the same subject matter before this Court by way

Patna High Court CWJC No.12534 of 2016 (2) dt.12-05-2017 2 / 2 of filing an appeal.

(Ashwani Kumar Singh, J.) Sanjeet/- U T