AI Structured Summary
Not yet generated for this judgment
Judgment
Syed Bashir-Ud-Din, J.—Heard. In this petition award dated October 30, 2002 passed by Commissioner under Workmen's Compensation
Act (Assistant Commissioner Pulwama) in proceedings file No. I/C/98 is challenged to the extent of award of interest and imposition of penalty.
Mr. Khuroo concedes that there is alternative remedy of appeal available against the impugned order before the proper forum. Though existence
of alternative remedy does not bar the jurisdiction of the writ Court to entertain the writ petition but having regard to the facts and circumstances of
this case, the petitioner having an alternative remedy is left to pursue, the remedy of appeal under law, as an efficacious equitable relief available to
him. Mr. Khuroo however, submits that the appeal is time barred. Section 30 of the Workmen's Compensation Act extends the provisions of
Section 5 of the Limitation Act to an appeal under the Act. Mr. Khuroo is free to take up the plea sought for extension of time period beyond
statutory period before the appellate forum.
In Union Construction Co. v. Chief Engineer Eastern Command, Lucknow AIR 1960 All 73 it is observed:
....... But quite apart from the question whether or not the existence of an alternative remedy is an absolute bar to the issue of writ of mandamus, it
is well known that normally a Court would not be justified in issuing it when there is a clear alternative remedy and then there is no complaint of the
breach of a fundamental right.
In the view taken as above the writ petition is accordingly dismissed at threshold leaving it open to Mr. Khuroo to pursue alternative remedy of
appeal.
On request of Mr. Khuroo certified copy of the award be returned to him on supply of attested copy of the award, as counsel submits he would
use certified copy while filing appeal.