High CourtsSingle Bench(2018) 01 CHH CK 0110

Komal vs Dashrath Yadav And Ors

Chhattisgarh High Court · Decided on 9 January 2018

HON’BLE JUDGES
P. Sam Koshy, J
RESULT
Dismissed
CASE NUMBER
WRIT PETITION (L) NO. 2860 Of 2008

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Judgment

12 paragraphs · 212 words

P. Sam Koshy, J

1.

None appears for the petitioner. Considering the fact that the present writ petition is of the year 2008, this Court is proceeding to decide the same

on the basis of materials available on record.

2.

The order under challenge in the instant case is an order dated 8.10.2004 and the subsequent RRC proceeding initiated against the petitioner vide

notice dated 8.2.2008 (Annexure P-2) passed by the Commissioner for Workmen's Compensation, Durg, in Case No. 49/Cat.B-

I/W.C.Act/2004(N.F.) as also the order passed in Case No. 17/Cat.B- II/W.C.(N.F.).

3.

Perusal of record shows that the order under challenge is an order passed under the provisions of the Workmen's Compensation Act, 1923

(Unamended) and the two orders are appeable under the provisions of Section 30 of the said Act.

4.

Since the order under challenge is an appeable under, this Court is of the opinion that the present writ petition as such is not maintainable and the

same deserves to be rejected. Even otherwise it is a settled position of law that where there is a statutory provision or statutory remedy available, the

writ jurisdiction cannot be invoked.

5.

Accordingly, the present writ petition stands dismissed, leaving open the right of the petitioner to avail other remedies available to them.