Calcutta High CourtWPA/859/2023dismissed

The Director Of Shipping Services v. M.Vellaiammal And ORS

2023-09-25Hon'Ble Justice Harish Tandon2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/859/2023 The Director of Shipping Services Vs.

M.Vellaiammal and others Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the petitioner Mr.Peter ...for the respondent no.1 Mr. Rakesh Kumar ... for the respondent no.2 September 25, 2023 [SR] Item No.12 The instant writ petition is taken out by the petitioner assailing an order of the Commissioner awarding a compensation to the respondent no.1 on the death of an employee of the said organization.

A preliminary objection is raised by the counsel appearing for the respondent that the instant writ petition should not be maintained in view of the remedy by way of an appeal provided under section 30 of the Employees' Compensation Act, 1923.

It is no longer res integra that the High Court can exercise the power of judicial review enshrined under Article 226 of the Constitution of India even if there is an alternative remedy provided by the statute. However, the High Court refrains from interfering and/or entertaining the writ in the event the alternative remedy is provided under the statute as a matter of discretion.

Though there is no absolute bar in entertaining the writ petition despite the existence of an alternative remedy yet the court should be slow and circumspect in entertaining such writ petition and relegate the party to exhaust the remedy provided under the statute. It is a rule discretion than of compulsion.

Considering the nature of the order passed by the Commissioner, this Court do not think it fit that this court should entertain the writ petition. The Court find that the remedy by way of an appeal has been provided under section 30 of the said Act, therefore, the writ petition is dismissed. However, dismissal of this writ petition shall not prevent the petitioner from filing an appeal in terms of the provisions contained under section 30 of the said Act. Urgent Photostat certified copies of this order, if applied for, be made available to the parties subject to compliance with requisite formalities.

( Harish Tandon, J. )