Shripal Chopda v. Jayram Dugga

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (L) No.100 of 2017 1.

Shripal Chopda S/o Mr. Swaroop Chand Chopda, Aged About 28 Years R/o Village Sambalpur, P. S. Bhanupratappur, Tehsil Bhanupratappur, Dist. North Bastar Kanker (Chhattisgarh) ---- Petitioner

Versus

1.

Jayram Dugga S/o Mr. Santuram Dugga, Aged About 45 Years R/o Village Silpat, P. S. Lohattar, Tehsil Bhanupratappur, Dist. North Bastar Kanker (Chhattisgarh) 2.

Gajendra Gawde, S/o Upendra Singh Gawde, Aged About 36 Years R/o Village Bheeragaon, P. S. Bhanupratappur, Tehsil Bhanupratappur, Tehsil Bhanupratappur, Dist. North Bastar Kanker (Chhattisgarh) 3.

Insurance Company The United India Insurance Company Ltd. Branch Office Rajmal Complex, Kamthi Line, Rajnandgaon, Dist. Rajnandgaon (Chhattisgarh) ---Respondents For Petitioner :

Mr. Raza Ali, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 04/05/2017 (1) This petition has been preferred by the petitioner against the impugned order dated 03.08.2016 passed by Commissioner, Employees Compensation Labour Court, Dhamtari by which imposing penalty against the petitioner under Section 4-A of the Employee's Compensation Act, 1923.

(2) The petitioner has an alternative remedy to file an appeal under Section 30(1)(aa) of the Employee's Compensation Act, 1923 before the Labour Court and as such, the present writ

petition is not maintainable.

(3) At this stage, learned counsel appearing for the petitioner submits that he may be permitted to file an appeal under Section 30(1)(aa) of the Employee's Compensation Act, 1923 before the Labour Court.

(4) The certified copy of the order impugned be returned to the counsel for the petitioner, after furnishing an attested photocopy thereof.

(5) With the above observation, this petition stands finally disposed of.

Sd/- (Sanjay K. Agrawal) Judge L/-