Jawahar Swarnkar And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11871 of 2016 ======================================================
1. Jawahar Swarnkar son of Sri Kishori Swarnkar, Resident of MohallaGuraru, Police Station- Guraru, District- Gaya.
2. Arjun Vishwakarma, son of Late Rameshwar Mistri, resident of Village- Bariyawan, Police Station- Konch, District- Gaya. .... .... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Labour Resources Department, Government of Bihar, Patna.
2. That Deputy Labour Commissioner-cum-Commissioner, Magadh Division, Gaya.
3. Md. Ajmal, Managing Director, Power Grid Corporation, Katari, Hill Road, Gaya.
4. Regional Manager, Power Grid Corporation, Katari Hill Road, Gaya.
5. Chinta Devi Wife of Late Jitendra Kumar, resident of Konchi, Police Station- Guraru, District- Gaya.
.... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar, Advocate For Power Grid Corporation : Mr. Arbind Kumar Singh, Advocate For the State : Mr. Raj Ballabh Prasad Yadav, AAG-11 Mr. Dinesh Maharaj, AC to AAG-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-05-2017 The petitioners have filed the present writ application for setting aside the order dated 31.03.2016 passed in CWC No. 21 of 2009 by the Deputy Labour Commissionercum-Commissioner, Magadh Division, Gaya whereby and whereunder it has been directed to the employer including the
Patna High Court CWJC No.11871 of 2016 (2) dt.16-05-2017 2/2 petitioners to pay a sum of Rs.4,23,580/- as compensation to the claimant/ widow of the deceased workman.
The impugned order dated 31.03.2016 is appealable under Section 30 of the Workmen's Compensation Act, 1923. Since the petitioners have not availed of the statutory remedy of appeal, the writ application is dismissed as not maintainable.
(Ashwani Kumar Singh, J.) Kanchan/- U