Dismissed

The Commissioner, v. the Deputy Commissioner of

Madras HC20 Apr 2018WP/9448/2014

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras dismissed a writ petition filed under Article 226 challenging a Compensation Court award. The court held that Section 30 provides an appeal remedy if the award amount is deposited. Since the petitioner erroneously filed a writ, the petition was dismissed with liberty to file the appropriate appeal. No order as to costs.

What did the court decide?

The writ petition is dismissed. The petitioner is at liberty to file an appropriate appeal under Section 30 of the Workmen's Compensation Act, 1923.

The Commissioner, Vs the Deputy Commissioner of — Service and Employment | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20.04.2018

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CORAM THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.9448 of 2014 & M.P.No.2 of 2014

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The Commissioner,
Corporation of Chennai,
Ripon Building,
Chennai – 600 003. ...Petitioner
Vs
1.The Deputy Commissioner of Labour-1,
For Workmen's Compensation,
Teynampet,
Chennai – 600 006.
2.M/s.Raus Constuction Pvt., Ltd.,
4-10-30, 7 th Street,
HMT Nagar, Nucharan,
Hyderabad – 500 076.
3.Srinivasan @ Srinivas
4.Kalyani
5.Pachaiyappan
6.Sathya ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India issue a writ of certiorari to call for the orders on the file of the 1^st respondent herein in W.C.No.100 of 2011 and quash the Impugned Order dated 14.08.2013 passed by the 1^st respondent herein as highly illegal and arbitrary.

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For Petitioner :Mrs.Karthikaa Ashok For Respondent 1 :Mr.J.Ramesh, Additional Government Pleader For Respondent 3 :No appearance For Respondents 4 to 6 :Mr.K.Varadhakamaraj

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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The award passed by the first respondent/Deputy Commissioner of Labour under the Workmen's Compensation Act, 1923 in W.C.No.100 of 2011 is sought to be quashed.

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Section 30 of the Workmen's Compensation Act, 1923 provides appeals. Accordingly, on deposit of entire award amount, an appeal is to be filed before the High Court. However, the petitioner has erroneously filed the writ petition, challenging the award passed under the Workmen's Compensation Act, 1923.

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The learned counsel for the petitioner states that entire award amount in W.C.No.100 of 2011 had already been deposited. However, the learned cousnel for the petitioner has to file an appropriate appeal by producing the deposit receipt.

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In this view of the matter, the writ petition under Article 226 of the Constitution of India cannot be maintained and the writ petitioner is at liberty to file an appropriate appeal under Section 30 of the Workmen's Compensation Act, 1923 in the manner known to law.

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With these observations, the writ petition stands dismisssed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar nl To The Deputy Commissioner of Labour-1, For Workmen's Compensation, Teynampet, Chennai – 600 006. +1cc to Mr.K.Vardha kamaraj, Advocate, sr.no.29648 +1cc to the Government Pleader, sr.no.30003 W.P.No.9448 of 2014 GMR(CO) RRK(24/05/18)

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https://hcservices.ecourts.gov.in/hcservices/

The Commissioner, v. the Deputy Commissioner of

Case brief

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What did the court decide?

The Commissioner, v. the Deputy Commissioner of

Case brief

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