M/S, Frontline ( Ncr) Business Solutions Private Limited v. Anita Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8488 of 2019 ====================================================== M/s, Frontline ( NCR) Business Solutions Private Limited, 301, 3rd Floor, Patna Super Market, Fraser Road, Patna-800001 through its General Manager, Rakesh Kumar Singh, Son of Sri Gautam Singh, resident of Defence Colony, Shahpur, Danapur Cantt., Patna-801502.

... ... Petitioner/s

Versus

1.

Anita Devi Wife of Late Arvind Kumar Jha, Resident of Village-P.O.-P.S.- Sultanganj, District-Bhagalpur 2.

United India Insurance Company Limited, Regional Officer at Chanakya Tower, 3rd Floor, Birchand Patel Marg, R Block, Patna-800001 and Branch Office at 220, New Dak Bunglow Road, Patna-800001 3.

The Presiding Officer, Labour Court, Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhav Krishna, Adv.

For the Respondent/s :

Mr.Bimlesh Kumar Jha For the Resp. No.2 :

Mr. Syed Qaisar Hasan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 19-04-2019 Heard learned counsel for the parties.

In the present case, the petitioner is challenging the order dated 26.11.2018 passed by the Presiding Officer, Labour Court, Bhagalpur in W.C. Case No.4 of 2014, whereby and whereunder, the Labour Court has awarded the compensation of Rs. 4,72,443/- and if the amount is not paid to the Complainant within a period of thirty days, it will carry 12% simple interest on the principal amount of Rs. 2,03,771/-.

Under Section 30 of the Employee's Compensation Act, 1923, there is a provision for appeal and it appears that instead of

Patna High Court CWJC No.8488 of 2019 dt.19-04-2019 2/2 exhausting the alternative remedy of appeal, the present writ application has been filed directly before this Court. In that view of the matter, this writ application is not maintainable.

Accordingly, the present writ application is dismissed with a liberty to the petitioner, if so advised, may file an appeal as provided under Section 30 of the Employee's Compensation Act, 1923.

(Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.04.2019 Transmission Date