Babu Saheb Mishra v. North Bihar Power Distribution Co. Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18204 of 2016 =========================================================== Babu Saheb Mishra son of Shri Arjun Mishra Resident of Village - Surauli, Police Station - Bibhutipur, District - Samastipur.

.... .... Petitioner/s

Versus

1. North Bihar Power Distribution Co. Ltd. Vidyut Bhawan, Bailey Roa, Patna through its Managing Director.

2. The Deputy General Manager (HR/Adm.), North Bihar Power Distribution Co. Ltd. Vidyut Bhawan, Bailey Road, Patna.

3. The Electrical Executive Engineer, Electric Supply Division, Samastipur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Ms. Renu Jha For the Respondent/s : Mr. Vinay Kirti Singh =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 19-07-2017 Heard learned counsel for the parties.

In the present case, the petitioner was a Junior Lineman, he met with an accident resulting in imputation of his right leg, claiming 70% permanent disability and making a prayer for Rs. 10 lacs as compensation.

A prayer has also been made that the petitioner may be rehabilitated in the office work as provided under the Person with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act, 1995.

For grant of compensation, instead of approaching to this Court, the petitioner should have approached to the authority as

Patna High Court CWJC No.18204 of 2016 dt.19-07-2017 provided under the Workmen Compensation Act, 1923. Thus, if the petitioner files an application before the Commissioner under the Workmen Compensation Act, he will be obliged to adjudicate the dispute expeditiously and fix the amount of compensation. As far as rehabilitation is concerned, the petitioner may file an application before the Chief Engineer, North Bihar Power Distribution Company Limited and he will be obliged to look into the matter and will grant relief to the petitioner as provided under the Person with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act, 1995.

With the aforementioned observation and direction, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.07.2017 Transmission Date NA